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The Trump administration's decision to stop defending in court the Obama health law's popular protections for consumers with pre-existing conditions could prove risky for Republicans in the midterm elections — and nudge premiums even higher. The Justice Department said in a court filing late Thursday that it will no longer defend key parts of the Affordable Care Act, beginning with the unpopular requirement that people carry health insurance, but also including widely-supported provisions that guarantee access for people with medical problems and limit what insurers can charge older, sicker adults. (Alonso-Zaldivar, 6/9)

Democrats swiftly portrayed the surprise move by the Justice Department, outlined Thursday in a brief supporting a court case filed by Texas and 19 other states, as a harsh blow to Americans with fragile health and their families. Already, Democratic candidates in the midterm elections had been playing up their party’s role in blocking last year’s repeal efforts and their recent success in pushing for the expansion of Medicaid in two more states. Now they have a new talking point, and they lost no time testing it. Republicans are divided between conservatives who had vowed to eliminate the law and moderates, some in tough races, who want to preserve the popular protections for people who are sick. (Goodnough, Pear and Savage, 6/8)

Moderate GOP lawmakers said the Justice Department’s brief, which supports much of the states’ position, has created an unwelcome emphasis on health care ahead of the midterms elections. Some said they disagree with the administration’s stance, and most said they would rather talk about tax cuts and other issues on the campaign trail. Republicans in competitive districts, including GOP Reps. Leonard Lance of New Jersey, John Faso of New York and Carlos Curbelo of Florida, stressed on Friday their support for guaranteeing coverage for pre-existing conditions. (Armour and Peterson, 6/8)

Few congressional Republicans rushed to defend the administration's move Friday, instead emphasizing their support for preserving pre-existing condition protections. “I’m not going to have to defend anything I don’t agree with — regardless of who says it,” said Rep. Phil Roe of Tennessee when asked if he would defend the administration’s request on the campaign trail this fall. He added that rising premiums for Obamacare coverage will force lawmakers to address health care policy next year. Sen. Susan Collins of Maine — one of three GOP senators who blocked the Obamacare repeal effort last year — also pushed back, warning the administration's new bid “exacerbates our current challenges” and could undermine key patient protections. (Haberkorn and Cancryn, 6/8)

Kaiser Health News: Administration Challenges ACA’s Preexisting Conditions Protection In Court

The Trump administration is refusing to defend key parts of the Affordable Care Act, essentially arguing that federal courts should find the health law’s protection for people with preexisting conditions unconstitutional. The federal lawsuit hinges on the ACA’s individual mandate, or the requirement to get health coverage or pay a penalty. The mandate has long been a sticking point for conservatives, who argue that the government should not be telling individuals what coverage they must have. (Rovner and Appleby, 6/8)

Removing certain provisions tied to the Affordable Care Act, former U.S. President Barack Obama's signature healthcare law, could strike out important consumer protections and potentially harm millions of Americans, a trade association that represents U.S. health insurers said on Friday. The comments from America's Health Insurance Plans (AHIP) come a day after the U.S. Justice Department called Obamacare's individual mandate - which requires individuals to have health insurance or pay a penalty - unconstitutional. (Mathias, 6/8)

An obscure district court lawsuit over the Affordable Care Act became a potent threat to one of the law's most popular provisions late Thursday, when the Justice Department filed a brief arguing that as of Jan. 1, 2019, the protections for people with preexisting conditions should be invalidated. The Justice Department argued the judge should strike down the section of the law that protects people buying insurance from being charged higher premiums  because of their health history. (Johnson, 6/8)

In the short term, some health-insurance markets could see fewer options if companies react to renewed uncertainty by leaving the marketplace, said Sabrina Corlette, a research professor at the Georgetown University Health Policy Institute. “Are some insurers going to cry uncle?” she asked. “Maybe there are some companies that say, ‘Enough already.’” The marketplace experienced similar tumult about a year ago, as insurers were setting rates for the coming year amid questions about whether the White House would end some ACA subsidies—a step the administration in October announced it was taking. (Evans, 6/10)

Democrats are eager to turn the administration’s decision not to defend the 2010 health care law into their latest midterm weapon. The Department of Justice on Thursday said it would not defend the law (PL 111-148, PL 111-152) against a legal challenge filed by Texas and 19 other states.  (McIntire, 6/8)

Many Democrats said health care is the GOP’s greatest political vulnerability in the November congressional elections and by siding with Texas in the court case Thursday night, President Donald Trump’s Justice Department poured gasoline on already burning fire. “With 130 million people who have a preexisting condition, there are a lot of people in swing districts waking up to the news today that Republicans are suing to try to let insurance companies discriminate against people with preexisting conditions,” said Jesse Ferguson, former deputy director of the House Democrats’ campaign arm. Dozens of Democratic candidates challenging incumbent House Republicans have already made Obamacare, and the GOP’s efforts to repeal it, a central part of their campaigns.(Kapur and Wasson, 6/8)

California Attorney General Xavier Becerra pledged Friday to redouble his efforts as the Affordable Care Act’s leading defender, saying attacks by the Trump Administration threaten health care for millions of Americans. Becerra’s pledge came in response to an announcement from the administration Thursday that it would not defend key parts of the Affordable Care Act in court. The administration instead called on federal courts to scuttle the health law’s protection for people with preexisting medical conditions and its requirement that people buy health coverage. (Bartolone, 6/11)

Connecticut supporters of the Affordable Care Act and the nation’s health insurers on Friday condemned the Trump administration’s decision against defending the health law from a lawsuit filed by Texas and a coalition of Republican states. ...The red state lawsuit argues that after Congress eliminated the penalty for the individual mandate last year, effective in 2019, it destabilized other sections of the law. (Radelat, 6/9)