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In her new TV ad, McSally claims she will "always protect those with preexisting conditions."McSally has been trying to rewrite her history on Obamacare for years now. In 2018, she admitted that she was getting killed on the healthcare issue, mainly because of her voting record: She has repeatedly voted to repeal the Affordable Care Act, which protects people with pre-existing conditions. In fact, she urged her fellow House members to repeal it in 2017 with the cry of "Let's get this fucking thing done"—a quote she celebrated in her Senate campaign ads in 2018.
But nothing in her voting record, which tracks closely with the Republican repeal-and-replace philosophy, supports this claim. And she has continually declined opportunities to oppose a pending legal threat to the ACA, including its provisions related to preexisting conditions, by a group of GOP governors and supported by the Trump administration.
Meanwhile, the legislation her campaign cited to justify her stance falls short in terms of meaningfully protecting Americans with preexisting medical conditions.
McSally has not in the past or present taken actions that back up her statement. We rate it False.
The Trump team’s core argument is that every Republican who voted for the tax cuts three years ago knowingly voted to destroy the 2010 law in its entirely, not just to get rid of the mandate that individuals buy health insurance. And, because the Supreme Court previously upheld the constitutionality of the law on the grounds that the individual mandate is a tax, Trump’s lawyers say that the whole system became invalid once Congress got rid of the penalty for not carrying health insurance.Democrat Mark Kelly, the former astronaut who has been leading McSally in the polls, said today that stripping protections from people with pre-existing conditions is a terrible idea, especially in a pandemic.
“Nothing the 2017 Congress did demonstrates it would have intended the rest of the ACA to continue to operate in the absence of these ... integral provisions,” Francisco writes in his brief, which is co-signed by four other Trump appointees at the Justice Department. “The entire ACA thus must fall with the individual mandate.”