Sen. Brown, Community Solutions President Decry Threat to ACA
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Sen. Sherrod Brown (D)

U.S. Sen. Sherrod Brown (D-OH) continued Wednesday his criticism of a Texas federal judge's ruling to upend the Affordable Care Act (ACA), calling it "despicable" and inviting an Ohio health policy expert on to his conference call to describe the potential damage of the ruling should higher courts ratify it.

Judge Reed O'Connor of the Northern District of Texas Fort Worth Division ruled that Congress' elimination of the tax penalty for failing to obtain coverage leaves the law unconstitutional, as the U.S. Supreme Court determined years ago that the mandate was outside lawmakers' interstate commerce powers but within their taxing powers.

Brown said he's fairly confident higher courts will reverse O'Connor's decision, and said it's important to note that the ACA is still the law of the land at present.

John Corlett, president of the Center for Community Solutions, said the ruling shows "sweeping disregard" for how Ohioans and Americans would be affected by the loss of ACA coverage protections, including the requirement insurers cover those with pre-existing conditions.

Corlett said it's important to understand the effects of ACA repeal would go far beyond coverage for pre-existing conditions. He noted in particular the law's provisions on coverage for children and young adults, including the ability to stay on parental coverage through age 26, simplified eligibility for the Children's Health Insurance Program (CHIP) and extension of Medicaid benefits for those aging out of the foster care system.

"If we go back ... to the old way, we will again have a less efficient program that serves less children," Corlett said.

He also highlighted how the Medicaid expansion, another part of the ACA, has helped many Ohioans become healthier and find and keep work, and has bolstered capacity of the drug treatment system amid an opioid addiction crisis.

On a related note, Brown said the faulty nature of the Texas ruling is related to his opposition to Ohioan Chad Readler's nomination to serve as judge on the U.S. Sixth Circuit Court of Appeals. Brown said Readler played a role as a U.S. Department of Justice official in how the case played out.

"If this were not to be overturned, Readler would be a big reason why so many Ohioans lost their health care," Brown said.

On other topics. Brown brushed aside national polling that shows him to be largely unknown as he considers whether to run for president. He said he's still considering the decision to run with his wife, Connie Schulz. "Frankly, I have better things to do than worry about national poll numbers or Iowa or New Hampshire poll numbers," he said. Brown did say he likely will try to meet with former President Barack Obama as he considers whether to run.

Asked about Tesla CEO Elon Musk's recent expression of interest in the Lordstown GM plan during a TV interview, Brown said he's most focused now on keeping the plant operating as a GM facility. He said he's urging CEO Mary Barra to use the "billions of dollars" the company saved in federal taxes and dedicated to stock buybacks and plant investments abroad to instead upgrade and retool U.S. properties. He said GM has been unresponsive to a variety of questions, creating lots of uncertainty. Brown said he's "quietly" talked with others who might be interested in the plant, but said any other user would likely bring fewer jobs and pay lower wages.

Story originally published in The Hannah Report on December 19, 2018.  Copyright 2018 Hannah News Service, Inc.