July 19, 2018

Manchin Introduces Resolution to Defend Constitutionality of Pre-Existing Condition Protections in Texas v. U.S. Lawsuit

Washington, D.C. – U.S. Senator Joe Manchin (D-WV) introduced a Senate resolution that would authorize Senate Legal Counsel to intervene in Texas vs. United States – a pending lawsuit in federal court, on behalf of the U.S. Senate, in order to defend the protections for people with pre-existing conditions. Right now, the Attorney General of West Virginia is suing to allow insurance companies to once again deny coverage to West Virginians with pre-existing conditions.

“Right now, the Attorney General of West Virginia has joined a lawsuit that would allow insurance companies to once again deny coverage to West Virginians with pre-existing conditions. And now the Department of Justice has refused to defend the existing law, putting nearly 800,000 West Virginians with pre-existing conditions in jeopardy of losing their healthcare. West Virginians with cancer, heart disease, diabetes, arthritis, asthma, women who are pregnant, and many other illnesses and conditions, and their families will be directly affected. We cannot go back to a time when insurance companies played God and allow them to decide who will be insured and who will not. For a lot of West Virginians with pre-existing conditions, insurance coverage is the difference between life and death. This resolution will allow the Senate to play the role the DOJ has refused to take on—one of defending the existing law and West Virginians with pre-existing conditions,” Senator Manchin said.

The lawsuit, Texas vs. United States, is challenging the constitutionality of the Affordable Care Act, including the law’s consumer protections for people with pre-existing conditions. Instead of defending the law and these vital health care protections, the Department of Justice effectively announced it will not defend the existing law. 

Read the full resolution here.

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