Mr. President, I ask unanimous consent that the order of the quorum call be rescinded. Mr. President, on July 9, the Trump administration will be in court defending the Texas v. United States lawsuit. Let me rephrase that. They will not be…
Mr. President, I ask unanimous consent that the order of the quorum call be rescinded.
Mr. President, on July 9, the Trump administration will be in court defending the Texas v. United States lawsuit. Let me rephrase that. They will not be defending the lawsuit. They will be arguing on the side of the plaintiff in that lawsuit.
This is a virtually unprecedented move. Administrations traditionally defend the statutes of the United States, no matter what they feel about the politics of the underlying statute. But the Trump administration has made the decision to join with 22 Republican attorneys general to argue that the entirety of the Affordable Care Act should be dismantled, with nothing to replace it.
There are those of us who believe that it would not be wise policy to kick 20 million people off of insurance and get rid of all of the insurance protections in the Affordable Care Act, with no idea as to what comes next. We have begged our Republican colleagues to join us in telling the Trump administration--demanding that the Trump
administration argue against the attorneys general in this case.
I have listened to my Republican friends, and I have listened to the President himself over and over again say that they don't like the Affordable Care Act. They want to replace it with something else, something that insures more people, and something that continues to protect people with preexisting conditions. If that is your position, it stands to reason that you would oppose a lawsuit that seeks to invalidate the entirety of the Affordable Care Act with nothing to replace it.
The bewitching hour is upon us. The oral arguments are the week after next. This lawsuit was successful at the district court level, so there is no reason not to believe there is a substantial possibility that it could be successful at the appellate court level as well.
I wanted to come to the floor, as we head into this week while we will be back in our districts, just to make sure that everybody understands what the stakes are on July 9 when the Trump administration will argue in court to get rid of insurance for 20 to 30 million Americans and what the stakes are for this Senate--in particular, Senate Republicans refusing to stand up to the President in his perpetuation of this lawsuit.
If the Affordable Care Act is struck down, there are 130 million Americans with preexisting conditions who could see insurance rates increase by up to 50 to 60 percent. Others will have their insurance withdrawn when they go through open enrollment next because no insurer will cover someone with serious, very expensive preexisting conditions. That was the way things worked before the Affordable Care Act was passed.
Gone is Medicaid expansion, which today covers 17 million people across the country--and I have been happy to see more and more States with Republican Governors or Republican State legislators adopt the Medicaid expansions and become a source of bipartisan agreement that more people should have access to Medicaid--but those 17 million people will lose their coverage.
There are 12 million seniors who will immediately pay more for prescription drugs because the Affordable Care Act gets rid of, over time, essentially the entirety of the Medicare part D doughnut hole.
There are 2.3 million adult children who are on their parents' insurance until they become 26, who would potentially lose access to that insurance. The Affordable Care Act requires insurance companies to cover those kids. Many insurers, without that requirement, would no longer cover those children.
Then many of the other protections in the marketplace, like bans on lifetime caps or annual caps, can be lost. Insurers would once again be back in the practice of saying to a very sick child, a patient with cancer: You only get x amount of insurance coverage from us, and once you go beyond that number, then it is on your dime.
Again, remember, before the Affordable Care Act was passed, there were 1.5 million families every single year in this country who declared bankruptcy. Today, there are half as many families who declare bankruptcy in this country. It is not coincidence that studies have shown us that of those 1.5 million, half of them were declaring bankruptcy because of medical costs. When you don't go bankrupt any longer because of medical costs because you have access to affordable insurance and your insurance company can't kick you off because you get sick, you don't face the kind of destitution that families faced before.
So I think it does make sense to run through the lineup of who has weighed in in favor of this court case to invalidate the entirety of the Affordable Care Act and knock 20 to 30 million people off of insurance to jack up rates for millions more and who has weighed in against it.
Well, the President wants this lawsuit to succeed. Attorneys general want this lawsuit to succeed. And by the silence of my Republican colleagues, you would infer that many Republicans may want this lawsuit to succeed.
But here is who hates this lawsuit. I am not going to run through the whole list here, but this is essentially anybody who knows anything about healthcare. This is essentially every organization that represents people who have serious diseases, every association that represents doctors, and every association that represents hospitals. You don't really find all of those groups aligned on much at all because when you are moving around pieces in the healthcare system, often you will do something that benefits patients that insurers will not like or you benefit something at hospitals that single-practice offices will not like. This is pretty much everybody who says: If you kick 20 million people off insurance like that and you have no plan to replace it, that is a humanitarian catastrophe.
Here is what the AARP says in their filing opposing this lawsuit:
If this Court finds that the ACA is invalid, millions of
older adults will lose the healthcare coverage and consumer
protections they have relied on for years. They will also
throw the Medicare and Medicaid programs into fiscal and
administrative chaos, which will disrupt the nation's
healthcare system and economy. It will plunge the more than
100 million people with preexisting conditions into an abyss
of uncertainty about whether they can obtain coverage.
That is the AARP.
Here is what the American Medical Association says: ``The decision below, if affirmed, would have devastating effects on the quality, cost, and availability of such care.''
Families USA says: ``Among those whose coverage rates increased due to Medicaid expansion are young adults, people with HIV, veterans, rural residents, and racial and ethnic minorities.''
For many of our most vulnerable citizens who are covered by Medicaid, eliminating the expansion would leave them without healthcare.
I mentioned the insurance companies are against this lawsuit. They say this: ``Invalidation of the ACA--irrespective of the continued operation of the so-called individual mandate--would wreak havoc on the healthcare system.''
Finally, Americans with disabilities say:
The result is a cruel irony: the population that needs
healthcare the most has the hardest time obtaining it. For
the last nine years, the ACA has helped change that.
Stripping away its protections now will reverse the positive
gains that people with disabilities have realized and will
return this community to the same grim reality as before the
ACA, if not place people with disabilities in an even worse
position.
So let's not forget where we were before the Affordable Care Act was passed. I am not saying that it is perfect. I am not saying that we shouldn't work together to try to improve it. We just finished a debate in the Health Committee in which we passed a whole bunch of reforms to our healthcare system that Republicans and Democrats agree on.
But the American Cancer Society, in their filing, reminds the court: ``A 2009 Harvard Medical School study found approximately 45,000 deaths annually could be attributed to lack of health insurance among working- age Americans.''
The Heart Association said this: ``Even during a heart attack, uninsured patients were more likely to delay seeking medical care because of the financial implications.''
I could go on and on, reading from these filings or reading from the testimony that all of these groups have submitted. Again, that is not to say that these groups don't want changes in our healthcare system. Nobody on this list, as far as I know, is arguing for the status quo, just as no one in this body is arguing for the status quo. But to rip away Medicaid expansion, to rip out from the roots of the healthcare system the exchanges and the tax credits, to get rid of all of the insurance protections, to reverse the gains we have made on lowering prescription drug costs for seniors--to do all of that with nothing to replace it is to invite misery, destitution, and chaos.
Let's just be honest. We are not ready to ride to the rescue. I offered an amendment in the Health Committee today just asking for the Department of Health and Human Services to provide us with a report about what the landscape would look like in the healthcare system if Texas v. United States were successful. I didn't get a single Republican vote for that one. All I was asking was that we just get a report on how bad it is going to be so
that we can start doing a little bit of advance planning, and not a single Republican was willing to vote for that in committee today.
So we are deliberately boxing our eyes and ears about what the effects on our constituents could be if this lawsuit is successful. We are not in a position to ride to the rescue. There is no chance that this Congress is going to pass a new healthcare reform proposal that will restore healthcare to everybody who lost it. That is not happening, and I know that is not a surprise to anyone here.
You also shouldn't delude yourself into thinking this lawsuit will not be successful. There are lots of very smart legal scholars who suggest that this argument that the plaintiffs are making, which the Trump administration has endorsed, is nonsense. I tend to agree with them. The argument is that because you got rid of one section of the Affordable Care Act, then the court needs to invalidate the rest.
Well, Congress made its intent pretty clear. Republicans decided to get rid of the individual mandate for the penalty that is assessed if you don't have insurance and deliberately did not choose to get rid of the rest of it. I think that is not a smart decision, but the intent of Congress is pretty clear.
It is my belief that this argument doesn't hold water, and that is the belief of many smart legal scholars, but the district court ruled in favor of the plaintiffs. So you already have a Federal judge who invalidated the entire Affordable Care Act.
Since then, the Trump administration has upped the ante. The district court finding in favor of the plaintiffs, which invalidates the entire Affordable Care Act, didn't convince the President to say: Let's pull back the reins a little bit here. Let's maybe change our position. This feels too real. Let's hedge our bets. No; after the district court ruled in favor of the plaintiffs, the administration changed their position to go all in on the plaintiffs' side. Their initial lawsuit only backed up some of the plaintiffs' claims.
So the district court ruled that the Affordable Care Act has to disappear overnight. The Trump administration has changed their position to weigh in and to support the entirety of the lawsuit, and we are not having a serious conversation about what happens if the fate that all of these groups are deeply fearful of comes to pass.
Finally, this is not about numbers. This isn't about statistics. This is about real people. Michael from New Fairfield, CT, says:
This is . . . personal to me, the ACA literally saved my
life in 2016. I have pre-existing, recurrent skull base
disease for most of my adult life. I underwent an 11-hour
skull base neurosurgery to remove a benign tumor that
involved my brain arteries, nasal passages, jaw and a total
reconstruction of my middle and outer ear canals. My surgeon
said I was a month away from a much more debilitating
surgical outcome. As it is, my recovery and rehabilitation
period has been a full two years with resulting partial
physical impairment.
My spouse and I both run our own businesses and the ACA is
still our family's only option for healthcare. Without the
operations and the ACA coverage, the disease would have
continued to progress--I would have eventually died and my
family would have had to sell the house and/or go bankrupt to
manage the medical expenses.
David from Southport said:
In July of 2011 I was diagnosed with Colon Cancer. At the
time, I was covered under an individual policy with Blue
Cross Blue Shield. It was a very comprehensive policy and,
after my deductible was satisfied, it covered all my doctor
and hospital expenses, surgeries, chemotherapy, medications,
etc.
However, a couple of years later I was advised that due to
my preexisting condition I would not be able to renew my
policy. . . .
At that time I enrolled in [the Affordable Care Act] Access
Health CT and without this policy . . . [through Access
Health CT] I would not be able to be insured and would face
prohibitive costs for even basic care.
David's story can be told thousands of times over: a diagnosis followed by denial of coverage from an insurance company because of a preexisting condition.
There is no free market response when it comes to very sick people who want insurance. The free market tells the insurance company: Do not insure somebody who is going to cost you a lot of money. The free market would tell the insurance company to keep that person on the outside of insurance. So there has to be a public sector response. We provided that response with the Affordable Care Act and now, in a matter of weeks or months, it could all be gone.
So I come down to the floor this afternoon to once again engage my colleagues and ask them to work together. Let's try to find a common ground here, at least behind the premise that you shouldn't rip out the foundation of the modern healthcare system without a plan for what comes next.
I assume we will continue to offer unanimous consent requests to try to withhold funding for the Trump administration's perpetuation of this lawsuit. I would hope we can get Republican support for that motion, not because Republicans support the Affordable Care Act--I get it; I am not going to get Republicans to support the Affordable Care Act--but because my Republican friends need to make good on what they have said for years; that they want the Affordable Care Act to go, but they really want something else to replace it that will insure the same number of people and protect folks who are sick. That cannot happen if this lawsuit succeeds.
As we head back to our districts for this recess period, I wanted to make sure everybody knows how many groups that know something or anything about healthcare are standing against Texas v. The United States.
I yield the floor.