[Congressional Record Volume 164, Number 168 (Wednesday, October 10, 2018)]
[Senate]
[Page S6762]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                               Healthcare

  Mr. BROWN. Mr. President, today in the Senate we were faced with two 
opportunities to side with cancer patients over insurance companies. In 
our country, almost everybody would say that we ought to side with the 
cancer patients over the insurance companies, but the Senate failed 
again in both cases. Let me explain.
  Today, as we considered this, we wanted to make clear whose side we 
are on. The side the Senate chose, and it looks like the Judiciary 
Committee chose, is not the side of patients.
  This morning, I testified at the Judiciary Committee's hearing on the 
White House's two nominees to the Sixth Circuit Court of Appeals, Chad 
Readler and Eric Murphy. Both of these men have a troubling record of 
stripping Ohioans of their rights, and Mr. Readler's actions on 
healthcare are particularly threatening to millions of Americans--not 
just the 5 million Ohioans who have preexisting conditions but millions 
of Americans with preexisting conditions. Five million Ohioans under 
age 65, as I said, have preexisting conditions. That is half the 
population in my State.
  Because of the Affordable Care Act, these Ohioans can rest a little 
easier, knowing they can't be turned down for health coverage or have 
their rates skyrocket because their child has asthma or their husband 
has diabetes or their wife has been diagnosed with breast cancer. Mr. 
Readler is willing to take that peace of mind away and throw those 
families into financial chaos.
  This summer, he did what three career attorneys with the Department 
of Justice refused to do. He filed a brief challenging the law that 
protects Americans with preexisting conditions. The next day, the White 
House appointed him to a Federal circuit court judgeship. Filing this 
brief earned him rebukes from across the legal community. Three 
attorneys withdrew from the case, and one actually resigned in 
objection to the Department of Justice's unprecedented action.
  Our Republican Senate colleague from Tennessee, Mr. Alexander, called 
the brief ``as far-fetched as any [he has] ever heard.'' Mr. Readler 
had no problem putting his name right at the top and filing it.
  We should not be putting on the bench for life anyone who puts 
partisanship ahead of cancer patients or ahead of people with diabetes 
or ahead of someone with high blood pressure or ahead of Americans' 
healthcare.
  Unfortunately, the White House is also chipping away at the ability 
of Ohioans with preexisting conditions to get affordable coverage that 
actually covers their conditions. Again, we are talking about 5 million 
Ohioans, tens of millions of Americans. You can talk about anxiety and 
autism. You can talk about heart disease or heartburn, cholesterol, 
stroke, thyroid issues. We are talking about families. We are talking 
about neighbors. We are talking about some of the people in this body.
  Everyone here, by the way, takes care of themselves. We all have good 
health insurance. We don't mind, apparently, denying it to millions of 
others.
  Some Senators think it is fine to let insurance companies sell junk 
to our constituents back home. These insurance policies are just that: 
They are junk. They are insurance until you need the insurance. 
Allowing insurance companies to sell these plans drives up healthcare 
for everyone. They weaken protection for anyone with a preexisting 
condition.
  Under their new rules, insurance companies could force Americans with 
preexisting conditions into these junk plans--and ``junk'' is the right 
word--that barely cover anything. They can charge exorbitant, 
unaffordable rates for a decent plan.
  Half of my colleagues--exactly half--voted for Senator Baldwin's 
motion. Senator Baldwin, from Wisconsin, has been a hero on this. Half 
of my colleagues--all with health insurance paid for by taxpayers--have 
told the people: Sorry, you are on your own. We are letting the 
insurance companies do whatever they want--rip you off, hike up your 
costs. That is the way it goes.
  It all comes down to whose side you are on. Chad Readler, the 
President's nomination for the Sixth Circuit, has made it clear: He 
stands with insurance companies, not with cancer patients. The 
administration has made it clear: They stand with insurance companies, 
not kids with asthma.
  Today, the Senate chose to stand with those insurance companies over 
their constituents who need prescription medicines.