Article Summary –
In 2018, Brad Schimel, then Wisconsin’s Republican attorney general, led a federal lawsuit with Texas and 18 other GOP-led states arguing that without the individual mandate, the Affordable Care Act (ACA) was unconstitutional, despite its protections for hundreds of thousands of Wisconsinites and savings in healthcare costs. As Schimel runs for a seat on the Wisconsin Supreme Court in 2025, his campaign highlights his opposition to Obamacare, which he claims caused insurance market disruptions, rising premiums, and reduced coverage. Critics, including his opponent Judge Susan Crawford’s campaign, argue that Schimel’s actions to dismantle Obamacare could harm Wisconsinites, particularly those with pre-existing conditions, and suggest he would favor corporate interests over individual rights if elected.
In 2018, then-Republican Attorney General of Wisconsin, Brad Schimel, pursued the dismantling of the Affordable Care Act (ACA) as unconstitutional. This 2010 Obamacare law protects affordable health insurance access for hundreds of thousands in Wisconsin.
Currently a Waukesha County Circuit Court judge, Schimel is vying for an open seat on the Wisconsin Supreme Court in the April 1, 2025 election, opposing Dane County Circuit Judge Susan Crawford.
The ACA originally mandated that Americans obtain health insurance or pay a penalty, a provision upheld by the U.S. Supreme Court in 2012 under Congress’s taxing power. However, the Tax Cuts and Jobs Act of 2017 under President Trump eliminated the penalty.
Schimel, in 2018, aided a federal lawsuit along with Texas and 18 other GOP-led states, arguing that the ACA lacked a constitutional basis without the individual mandate.
Schimel criticized Obamacare, claiming it increased premiums and decreased coverage, forcing states like Wisconsin into costly measures for citizen protection. He maintained this stance as Wisconsin’s attorney general, committed to upholding the rule of law.
In a March 2018 op-ed with Texas Attorney General Ken Paxton, Schimel deemed Obamacare a “colossal failure.”
The ACA has saved trillions in healthcare costs and helped 266,000 Wisconsinites secure affordable coverage in 2024, and prohibited discrimination against 883,000 individuals with preexisting conditions.
Following Schimel’s 2018 defeat by Democrat Josh Kaul, Judge Reed O’Connor ruled the ACA unconstitutional without the mandate, a ruling later overturned by the U.S. Supreme Court, citing lack of standing.
Schimel continues to highlight his legal efforts against Obamacare. He told a July 2024 campaign audience that Wisconsin was instrumental in challenging the Obama administration, though his office wasn’t involved in the mandate’s repeal, which resulted from Congressional legislation.
Schimel’s campaign did not comment. Derrick Honeyman from Crawford’s camp criticized Schimel for undermining health care access for Wisconsinites and prioritizing corporate interests as a potential Supreme Court justice.
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