Vulnerable Senate Republicans are dodging questions about whether they support a lawsuit seeking to overturn the Affordable Care Act (ACA).

The Supreme Court said this week it would take up the case, thrusting the issue to the forefront and posing a headache for Republicans in tough races this year.

President Trump Donald John TrumpHR McMaster says president's policy to withdraw troops from Afghanistan is 'unwise' Cast of 'Parks and Rec' reunite for virtual town hall to address Wisconsin voters Biden says Trump should step down over coronavirus response MORE supports the lawsuit, which would strike down the entire health law, but ObamaCare’s popularity has risen to a record high, posing a danger for Republicans in seeking to strike it down.

ADVERTISEMENT

“I'm not saying whether I support it or not. It's in the hands of the Supreme Court now, so we'll see,” Sen. Joni Ernst Joni Kay ErnstSenators offer disaster tax relief bill Conservatives see glaring omission on Trump's Supreme Court shortlist Senate Republicans scramble to contain fallout from Woodward bombshell MORE (R-Iowa) told The Hill on Thursday. Ernst is up for reelection this year.

The lawsuit threatens coverage for roughly 20 million people and would also take away the law’s protections for people with pre-existing conditions, which are particularly popular.

Sen. Martha McSally Martha Elizabeth McSallyThe Hill's Campaign Report: Arizona shifts towards Biden | Biden prepares for drive-in town hall | New Biden ad targets Latino voters Biden leads Trump by 4 points in new Arizona poll Airline job cuts loom in battleground states MORE (R-Ariz.), who faces a difficult reelection race this fall, said the issue is a “judicial proceeding” so she would not weigh in.

Sen. Kelly Loeffler Kelly LoefflerDHS opens probe into allegations at Georgia ICE facility Loeffler calls for hearing in wake of Netflix's 'Cuties' Georgia Senate campaign could bring Black political redemption MORE (R-Ga.), who like McSally was appointed to her seat and will face voters this fall, said to contact her office when asked if she supported the lawsuit.

In a follow-up email, a Loeffler spokeswoman did not directly answer if the senator supports the lawsuit.

"Regardless of what the courts do or do not decide, there is no question Congress needs to address healthcare issues facing Americans," a Loeffler spokeswoman wrote in the email, saying the senator wants action that "lowers insurance costs" and "expands coverage options."

ADVERTISEMENT

Democrats are seizing on the issue after the party’s strategy of focusing on the House GOP’s efforts to repeal ObamaCare helped it win back the lower chamber in 2018.

Stewart Boss, a spokesman for the Democratic Senatorial Campaign Committee, called the ACA lawsuit the “single most important issue in Senate battlegrounds across the country.”

Vulnerable Senate Republicans are trying to focus on other health care issues, such as lowering drug prices, which polls extremely well with voters.

McSally and Ernst, for example, in recent weeks signed on to a bipartisan bill to lower drug prices from Sens. Chuck Grassley Charles (Chuck) Ernest GrassleySenate Republicans signal openness to working with Biden Senators offer disaster tax relief bill Trump spikes political football with return of Big Ten season MORE (R-Iowa) and Ron Wyden Ronald (Ron) Lee WydenGOP senator blocks Schumer resolution aimed at Biden probe as tensions run high Republican Senators raise concerns over Oracle-TikTok deal Hillicon Valley: TikTok, Oracle seek Trump's approval as clock winds down | Hackers arrested for allegedly defacing U.S. websites after death of Iranian general | 400K people register to vote on Snapchat MORE (D-Ore.). McSally also put forward her own bill to lower drug prices this week.

Republicans don’t have their own alternative plan to ObamaCare, which makes them even more vulnerable to the attacks.

Health and Human Services Secretary Alex Azar said in January there is “not a need” for the Trump administration to put forward a replacement plan until the Supreme Court issues a ruling.

Some vulnerable Senate Republicans are pointing to a bill from Sen. Thom Tillis Thomas (Thom) Roland TillisAirline job cuts loom in battleground states Hillicon Valley: DOJ indicts Chinese, Malaysian hackers accused of targeting over 100 organizations | GOP senators raise concerns over Oracle-TikTok deal | QAnon awareness jumps in new poll Republican Senators raise concerns over Oracle-TikTok deal MORE (R-N.C.), called the Protect Act, that would reinstate some of the ACA’s protections for people with pre-existing conditions if the law is struck down.

That bill, though, does not address other core parts of the health law that could be struck down, such as its Medicaid expansion or financial assistance to help people afford coverage.

Tillis did not directly answer when asked if he supports the lawsuit, but did point to his legislation.

“What I’m more focused on is how we get back to a rational discussion about protecting pre-existing conditions, the kinds of things that are potentially at risk that for the life of me I can't understand why anyone would be opposed to, providing some certainty by just voting those provisions into law independent of the lawsuit,” he said.

Sen. Steve Daines Steven (Steve) David DainesSenate Democrats demand White House fire controversial head of public lands agency Pence seeks to boost Daines in critical Montana Senate race The Hill's Morning Report - Sponsored by The Air Line Pilots Association - Trump, Biden renew push for Latino support MORE (R-Mont.), who could face a challenge from his state’s governor, Democrat Steve Bullock Steve BullockSenate Democrats demand White House fire controversial head of public lands agency Pence seeks to boost Daines in critical Montana Senate race Trump's fear and loathing of voting by mail in the age of COVID MORE, did not directly answer when asked if he supports the lawsuit, simply saying “we're going to be talking about a lot between now and next year” before walking into the Senate chamber.

Daines spokeswoman Katie Schoettler later added in an email: “Obamacare has been disastrous for Montana and dramatically increased healthcare costs for Montanans. The Senator thinks that regardless of the outcome, Congress must protect people with preexisting conditions.”

ADVERTISEMENT

The office of Sen. Cory Gardner Cory Scott GardnerAirline job cuts loom in battleground states House approves bill to secure internet-connected federal devices against cyber threats Congress needs to finalize space weather bill as solar storms pose heightened threat MORE (R-Colo.) did not respond to a request for comment on if he supports the lawsuit. Gardner told The Hill in August that the issue is “the court’s decision,” but added: “If the Democrats want to stand for an unconstitutional law, I guess that’s their choice.”

Gardner may be the most endangered Senate Republican facing reelection this year.

Republicans point to Democratic calls for "Medicare for All," which would take away private health insurance and replace it with a government plan, in pushing back on Democrats.

But that counterattack is getting more complicated as former Vice President Joe Biden Joe BidenCast of 'Parks and Rec' reunite for virtual town hall to address Wisconsin voters Biden says Trump should step down over coronavirus response Biden tells CNN town hall that he has benefited from white privilege MORE becomes the front-runner for his party’s presidential nomination. Biden, unlike Sen. Bernie Sanders Bernie SandersMcConnell accuses Democrats of sowing division by 'downplaying progress' on election security The Hill's Campaign Report: Arizona shifts towards Biden | Biden prepares for drive-in town hall | New Biden ad targets Latino voters Why Democrats must confront extreme left wing incitement to violence MORE (I-Vt.), does not support Medicare for All.

Sen. Todd Young Todd Christopher YoungSenate GOP eyes early exit Why the US should rely more on strategy, not sanctions Davis: The Hall of Shame for GOP senators who remain silent on Donald Trump MORE (R-Ind.), the chairman of the National Republican Senatorial Committee, told reporters Thursday that Biden “supports a variant of Medicare for All, which is the public option.”

Asked if Democrats seizing on the lawsuit posed a problem for Republicans in Senate races, Young countered by pointing to the strength of the economy.

ADVERTISEMENT

“We're dealing with a period of American history in which wages are rising across income groups, across demographics, across racial and ethnic groups. People are optimistic about the future,” Young said. “They like what President Trump and this Republican-controlled Senate has accomplished.”

McSally, while not directly taking a position on the lawsuit, did criticize the Affordable Care Act, saying that “ObamaCare is not working” for some people who have pre-existing conditions and still struggle to afford the high cost of health care.

“There are better ways for us to provide insurance options to people while protecting pre-existing conditions,” she said.

Asked if that criticism meant she supports the lawsuit to overturn the law, McSally responded: “That’s not what I said, that’s a judicial proceeding.”

Ernst sounded a somewhat more positive note about the law when asked if she thought it would be good from a policy perspective for the ACA to go away.

“Well, I think we have a lot of Iowans that are expressing support for it, but what we would like to see is more health care opportunities out there,” she said.

ADVERTISEMENT

Ernst added in a statement that she is a co-sponsor of Tillis’s Protect Act and said she “will always fight to protect those with pre-existing conditions.”

Legal experts in both parties have said they think the lawsuit’s legal arguments are weak and expect that the Supreme Court will uphold the law, but that is not certain.

Sen. Susan Collins Susan Margaret CollinsThe Hill's Campaign Report: Biden asks if public can trust vaccine from Trump ahead of Election Day | Oklahoma health officials raised red flags before Trump rally Gideon leads Collins by 12 points in Maine Senate race: poll Senate leaders quash talk of rank-and-file COVID-19 deal MORE (R-Maine) is a rare Republican to outright oppose the lawsuit, writing to Attorney General William Barr Bill BarrBiden rips Barr's comments on coronavirus restrictions as 'sick' OVERNIGHT ENERGY: Cheney asks DOJ to probe environmental groups | Kudlow: 'No sector worse hurt than energy' during pandemic | Trump pledges 'no politics' in Pebble Mine review Cheney asks DOJ to probe environmental groups MORE last year expressing her “profound disagreement” with the Trump administration’s decision to call for the courts to strike down the ACA.

“Rather than seeking to have the courts invalidate the ACA, the proper route for the Administration to pursue would be to propose changes to the ACA or to once again seek its repeal,” wrote Collins, who is also up for reelection this fall.

Collins is one of three Senate Republicans who voted against the ObamaCare repeal bill in 2017, killing it. “The Administration should not attempt to use the courts to bypass Congress,” she said.