Republican-led states head to court to argue Obamacare is 'unconstitutional'

Eighteen states are fighting against Obamacare, potentially affecting millions of Americans.
10:55 | 07/09/19

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Transcript for Republican-led states head to court to argue Obamacare is 'unconstitutional'
But first we start with the major arguments underway right now in the US Court of Appeals. Down in New Orleans this is over the fate of obamacare whether or not the entire law is unconstitutional. And should be struck down just seven months ago he's you know Mary Alice US district court said just that said the law should be eliminated it would. Up pull the rug out from under millions of people that have gotten benefits. Under the Affordable Care Act not just people who signed up in the marketplaces but really all of us even those of us who get benefits from employers. Have a connection to the law. Absolutely and it rules for insurers had changed even for people who get there. Insurance through employers well let things that accurate that the little bit confusing you are members of the Supreme Court upheld the law that's right and so I think it's important to our how this even could be back in the courts. Well the Republicans. Zeroed out the feed for not having insurance at the part of there. Republican tax were more individual mandate individual mandate basically still exists you have to still get insurance technically but there is no longer feet. So now he argument I am from some. States in this lawsuit is that there is no longer attack. And it was the government's ability to. Let me taxes. That the Supreme Court and upheld the law on the first time. So now we're having this debate out over again probably hearing generate millions of people in the impact he had left a Supreme Court. As well eventually and all this but a lot of people today nervous once again about this protections in the law for preexisting conditions something the president. Has vowed to protect even if it struck down all the Arab anger it has rattled the lot of nerves are Erica Kane producer here in the briefing room caught up for the family. In silver spring Maryland a short time ago with a five year old. Daughters you tomorrow. Who had so many preexisting conditions her parents are worried what will happen if the law struck down to what. Happy to say that right now as you guys doing really well he's the writing that she just finished pre K forest he's going to Summers came out and just doing this amazing pain. Philip in no way she's a base typical child I think she loved the play with their Big Brother as she loved to go to the playground. Laws that apply brakes to doing a lot of wonderful regular kids. What's not so. Regular is all of her medical needs in all of what she didn't do so she was born when it a number of complex medical issues. That affected her airway her lungs her heart kidneys. She uses a tracheotomy to breed. She had the feeding tube for all of her nutrition needs. And she teens today if their fees. Their fifth. Including physical therapy occupational therapy and be happy. City eight CAD Affordable Care Act is really really important for families like mine field meets with children with complex medical needs and disabilities. There are certain things that I think this. Without it we wouldn't be here and Nash protections for people with preexisting conditions such a Mara by definition. Was four with a preexisting condition with several in fact. There's a ban on lifetime limits I've to marvelous for earn. And set the first five months. In the hospital and those first five months in the hospital costs about three million dollars before a lot of children who were born win. Complex medical needs and has extended capitalization the ban on lifetime limit is crucial for their families. Coverage for essential health benefits. Which covers things fly. Emergency care hospitalization. And prescription drugs that's shoot for all kids likes him Barak. And highly Medicaid Medicaid eight. And that helps a lot of the at least half. Health insurance coverage way to get it before in this lawsuit is successful it didn't initiation is successful in dismantling the ACA. That would be devastating for millions. Americans millions a feeling. He's like mine so it's no exaggeration to say that it is a matter of life and gas flowing you look at what the AC covers for children with complex medical needs disability. Slice and guess. And we do expect the US Court of Appeals in the fifth circuit to. I had to have their decision sometime later this year possibly by the end of the summer so all eyes on that meanwhile. A number of congress and members of congress are coming up with their own plans in case the law is struck down one of those. I joins us now from Capitol Hill Bruce west German Republican of Arkansas. Who has been very active on the issue of health care and prescription drug coverage congressman thank you so much for joining us. I hear on the fly this afternoon appreciate your time very much want to get your reaction to the arguments underway today. I down in New Orleans you had staked out some utterly unique position among Republicans. You've advocated that's sweeping changes to obamacare not that it should be necessarily in you know repealed immediately now that it's been. I've held for so long where he stand on these these arguments today. You know it's great to be with you today in appreciate you taking time to topple a bit about the fair care act a bill that under these. And you know listening to leave the interviews were meeting very together on. It made me think this. Yes Tom that we quit looking at water Republican ideas and water democratic ideas from the Carter good ideas for health care. We see that partisanship is not working. And the health care debate there is good things with the Affordable Care Act but there's a lot of bad things it came along with that we try to do our own. Bill when Republicans were in the majority in the house and the senate and a lot house. That deal fell moment infamous senate vote. It's time we start looking at water good policy things that are bipartisan and that's what often in the fair care act regardless of how the fifth circuit rules. On the Affordable Care Act. We have to have a better solution in place and and there's ways to do that it's it's gonna take it's working together for what's best for the American people informed consumers. And we've got to address things like. High insurance costs we've got to look at. Preexisting conditions and essential health benefits. Now we cover all it in the fair care act and we also look at what can we do to get the cost of prescription drugs down what can we do. To change the ways the we're using some of our public payment systems. And look at more innovation in health care and also lifted. It ways that we can make lower cost can cover more people and give them the American consumers the town of health care coverage that they deserve. The Republican senate leader Mitch McConnell as you know has. In pine day. Human want to Zealand health care again have you any conversations with your colleagues in the senate. Or colleagues at the White House who might help push for your bill. Scott talked a lot of colleagues in the innocent enough talk to house members. It's it's a problem whether we want to deal with pitting congress or not it's problem it has to be. Address you know I'm thing about the decision today from the DC circuit where they. They ruled somewhat against the administration. And I agree both with the administration's position and the judicial position. That it's congress' responsibility it's throughout the law. I think the administration's cons to address a problem that's with the high cost of prescription drugs trying to get more transparency in the processing. That's a good thing that's what the judge said but he thick congress' responsibility to do that. Yeah I want I want to ask. I'm per one of powers. Yeah I want to ask you about that has recovered data coverage that now move here on the show it's widely popular this idea of requiring drug companies. To add to include the price of their prescription drugs in those TV ads that we see all over the place it's an idea that you supported. As you said today this court struck that counts that it has the congress has to do do you do you think congress should enact a law that says. These companies should put those prices in the accident be a good idea. And I think that's just the first step through the go back to my fair care act we have a whole town along prescription drugs. Now we took the the language that senator Leahy a Democrat. Put together on the creates actually put that in the fair care act and and and added some things to I'm getting additional ideas from other members and we're continuing to grow that prescription bill. Our prescription. Drug section of the bill. There is a bipartisan bill that was filed. Couple weeks ago the prost act. The take some of the language out of the fair care act this deals with the Tom that drug companies can have exclusivity. Similar products. And to get more competition into the market there's common sense bipartisan things we can do and it's time that congress steps up and those those things. Would you go even further outlined direct to consumer advertising altogether. I don't think we need to be outlawing consumer advertising and doing things to do. Adversely affect the markets that way. People can. Do their advertisements to make it known that others new drove to new treatments out there but there needs to be transparency in it. And he even though it may. I'm not cough flu and the consumer as much with the insurance coverage. That the cost insurance to Medicare into other programs. Is being covered lot of towns by the federal government and taxpayers so we we need the transparency in their to know exactly. What the crosses and is on these drugs this is the problem with. In hospitals and what providers as well there's a lack of transparency and crossing in consumers can't make. An educated decision because they don't have the data. That they need to make those decisions will not only need this in prescription drugs we needed him hospitalization. And and other services. Yet transparency I think every can agrees it is a good idea I think we just have to figure out how to gets more urgency around the south on both sides of the aisle certainly top talker congressman appreciate your time for let you go though. We got to ask you you're gonna be backing Sierra Sanders for governor of Arkansas would she can have your vote she's back at her home state. In ice there did a fantastic job here in DC outfits he has maybe the toughest job in DC. And known her for for quite awhile lowered bad seasons he's a great person that raises three years away in a lot of now I have bruises I don't. Some five thank benefit. A lot of things get even and ideas yeah. It hasn't even announced yet so we'll see if necessary here in the grieving parents appreciate you congress embers western and of Arkansas thanks for your time sir. It did in the eighteen patent.

This transcript has been automatically generated and may not be 100% accurate.

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