Ten GOP senators this week introduced legislation that they say would protect ObamaCare provisions for people with pre-existing conditions.

The bill, introduced on Thursday, comes as congressional Democrats try to tie Republicans to the Trump administration's decision not to defend some ObamaCare provisions in a federal lawsuit filed by red states.

ADVERTISEMENT

The legislation is an effort by the GOP to push back on the Democratic attacks, and it shows the concern among Republicans over the court case ahead of the midterms.

“There are strong opinions on both sides when it comes to how we should overhaul our nation’s broken health care system, but the one thing we can all agree on is that we should protect health care for Americans with pre-existing conditions and ensure they have access to good coverage,” said Sen. Thom Tillis Thomas (Thom) Roland TillisTillis appears to reinforce question about COVID-19 death toll Billionaire who donated to Trump in 2016 donates to Biden Collins: Winner of presidential election will be sworn in next year MORE (R-N.C.), a main sponsor on the measure. “This legislation is a common-sense solution that guarantees Americans with preexisting conditions will have health care coverage, regardless of how our judicial system rules on the future of Obamacare.”

The lawsuit filed by some Republican states argues that ObamaCare is now unconstitutional because Congress last year repealed the 2010 health-care law's penalty associated with not having insurance.

The Department of Justice responded, saying most of the law could stand, except for protections for those with pre-existing conditions that prevent insurers from charging them more or denying coverage.

Senate Republicans said their bill would amend federal law to guarantee the availability of health insurance to all Americans, including those with pre-existing conditions, regardless of the outcome in the federal lawsuit.

The legislation also would prevent insurers from increasing premiums due to pre-existing conditions. However, health experts note that the bill would allow insurers to exclude coverage of pre-existing conditions.

“With the uncertainty of the outcome in the upcoming Texas v. United States case, this legislation is needed now more than ever to give Alaskans, and all Americans, the certainty they need that protections for those with pre-existing conditions will remain intact," said Sen. Lisa Murkowski Lisa Ann MurkowskiOVERNIGHT ENERGY: House passes sweeping clean energy bill | Pebble Mine CEO resigns over secretly recorded comments about government officials | Corporations roll out climate goals amid growing pressure to deliver The Hill's Morning Report - Sponsored by Facebook - Trump previews SCOTUS nominee as 'totally brilliant' Abortion stirs GOP tensions in Supreme Court fight MORE (R-Alaska). "I’m proud to support a bill that will make sure no one loses coverage."

The other Republican co-sponsors are: Lamar Alexander Andrew (Lamar) Lamar AlexanderGraham: GOP has votes to confirm Trump's Supreme Court nominee before the election The Hill's Morning Report - Sponsored by Facebook - Washington on edge amid SCOTUS vacancy This week: Supreme Court fight over Ginsburg's seat upends Congress's agenda MORE (Tenn.), Chuck Grassley Charles (Chuck) Ernest GrassleyGOP lawmakers distance themselves from Trump comments on transfer of power The Hill's 12:30 Report: Ginsburg lies in repose Top GOP senators say Hunter Biden's work 'cast a shadow' over Obama Ukraine policy MORE (Iowa), Dean Heller Dean Arthur HellerOn The Trail: Democrats plan to hammer Trump on Social Security, Medicare Lobbying World Democrats spend big to put Senate in play MORE (Nev.), Bill Cassidy William (Bill) Morgan CassidyCoushatta tribe begins long road to recovery after Hurricane Laura Senators offer disaster tax relief bill Bottom line MORE (La.), Joni Ernst Joni Kay ErnstTillis appears to reinforce question about COVID-19 death toll The power of incumbency: How Trump is using the Oval Office to win reelection Poll: Trump opens up 6-point lead over Biden in Iowa MORE (Iowa), Lindsey Graham Lindsey Olin GrahamSteele Dossier sub-source was subject of FBI counterintelligence probe Hillicon Valley: Subpoenas for Facebook, Google and Twitter on the cards | Wray rebuffs mail-in voting conspiracies | Reps. raise mass surveillance concerns Key Democrat opposes GOP Section 230 subpoena for Facebook, Twitter, Google MORE (S.C.), John Barrasso John Anthony BarrassoSenate to push funding bill vote up against shutdown deadline The conservative case for phasing out hydrofluorocarbons GOP senator attacks Biden: 'I'm not sure what he recalls' MORE (Wyo.) and Roger Wicker Roger Frederick WickerHillicon Valley: Subpoenas for Facebook, Google and Twitter on the cards | Wray rebuffs mail-in voting conspiracies | Reps. raise mass surveillance concerns Key Democrat opposes GOP Section 230 subpoena for Facebook, Twitter, Google Senate panel threatens subpoena for Google, Facebook and Twitter executives MORE (Miss.).

Democrats have tried to tie the lawsuit to congressional Republicans ahead of the midterms as ObamaCare surges in popularity.

Vulnerable Democratic Sens. Heidi Heitkamp Mary (Heidi) Kathryn HeitkampHarris faces pivotal moment with Supreme Court battle Centrists, progressives rally around Harris pick for VP 70 former senators propose bipartisan caucus for incumbents MORE (N.D.) and Joe Manchin Joseph (Joe) ManchinSenate passes resolution reaffirming commitment to peaceful transition of power Hopes for DC, Puerto Rico statehood rise Manchin defends Supreme Court candidate Barrett: 'It's awful to bring in religion' MORE (W.Va.) have highlighted the lawsuit in recent ads against their Republican challengers.

Senate Republicans on Thursday blocked an amendment from Manchin that would instruct the Senate legal counsel to intervene in the federal lawsuit and defend ObamaCare.

It would have been a hard vote for Republicans to take ahead of the midterms, as it would put them in the position of going up against the Trump administration's Department of Justice.

Court hearings for the lawsuit are slated for Sept. 5.