CHARLESTON, W.Va. — The U.S. Senate on Thursday failed to move forward with legislation preventing the Justice Department from being involved in any legal proceeding aimed at striking down former President Barack Obama’s health care law.
The Senate voted 51-43 to end debate on Senate Bill 4653, short of the 60 votes needed. Senate Minority Leader Chuck Schumer, D-N.Y., forced a vote on the legislation, which would have impacted the Justice Department’s involvement in the current legal challenge before the Supreme Court.
Justices will hear arguments on Nov. 10 regarding the constitutionality of the health care law and its individual mandate. Eighteen state attorneys general — including West Virginia’s Patrick Morrisey — and the Department of Justice argue “Obamacare” is unconstitutional because Congress reduced the law’s tax provision to zero in the 2017 tax law.
A ruling against the law could affect coverage for pre-existing conditions; individuals who have insurance coverage because of state Medicaid expansion efforts; subsidies allowing people to purchase health insurance; and funding states receive for health programs.
All present Democrats on Thursday voted to invoke cloture, including West Virginia Sen. Joe Manchin. Some Republicans facing tough re-election bids — such as Iowa’s Joni Ernst, Colorado’s Cory Gardner and Maine’s Susan Collins — sided with their Democratic colleagues.
Sen. Shelley Moore Capito, R-W.Va., voted against the motion.
The Senate on Wednesday voted 47-47 — a failed vote — to table a legislative amendment maintaining some protections for covering pre-existing conditions.