Trump picks Sen. Jeff Sessions, vocal Obamacare opponent, for attorney general

Photo by Gage Skidmore

President-elect Donald Trump has chosen conservative Alabama Senator Jeff Sessions for attorney general.

What the pick means for the upcoming health insurance mergers, with the first trial starting Monday, remains unclear. But in July, when President Barack Obama's choice for attorney general, Loretta Lynch, said the Department of Justice would sue to block the mergers, Forbes contributor Bruce Japsen called the challenge at that time, "unprecedented."

In deciding for an injunction against the mega-mergers between Anthem and Cigna, and Aetna and Humana, the Department of Justice said the deal would put fewer health plans in control of consumer choice, thwarting the gains created by the Affordable Care Act, Japsen said in the opinion piece.

Antitrust attorney David Balto has said to expect no sudden change in policy due to Sessions' appointment, Japsen wrote for Forbes.

[Also: Analysts are split on how Trump presidency will impact Anthem-Cigna, Aetna-Humana mergers]

Sally C. Pipes, a healthcare scholar and president of the Pacific Research Institute, said she believes the cases will go forward as scheduled. However, after Trump's January 20 inauguration, all bets are off.

"Sessions has no power to do do anything until after the inauguration, although the cases could be withdrawn in the middle of trials once Sessions is in power as Attorney General," Pipes said by email.

Sessions will certainly support Republican efforts to repeal the law. He has been a vocal opponent of the ACA, disagreeing with the mandate requiring individuals to purchase health insurance saying individuals should not be taxed for choosing not to buy something.

He voted "yes" to the budget of House Majority Leader Paul Ryan, R-Wisconsin, according to ontheissues.com.

Ryan has said he favors privatizing Medicare. Proponents have said doctors will not see patients at the rate Medicare is paying while opponents say the plan would reopen the gap seniors fall into trying to pay for drugs.

[Also: HIMSS' Trump presidency predictions: No complete ACA repeal, telehealth, cybersecurity]

Sessions voted "no" on overriding the veto to expand Medicare to extend coverage for additional preventative services and eliminate the higher copayment rates for psychiatric services, according to ontheissues.

Sessions voted yes on requiring wealthy Medicare beneficiaries to pay a greater share of their Part D premiums.

Sessions is well-liked in the Senate, according to published reports, but is a controversial choice due to comments he made 30 years ago. In 1986, President Ronald Reagan nominated him for a federal judgeship. Sessions referred to the N.A.A.C.P., the Southern Christian Leadership Conference and other civil rights groups as "un-American" and "Communist-inspired," according to The New York Times. His nomination was rejected.

Sessions has also been accused of speaking disparagingly of the Voting Rights Act and the stringent oversight it placed on Southern states, the Times said.

In picking Sessions, Trump has chosen a close advisor who endorsed him early in his campaign.

Sessions was elected to the Senate in 1996 and serves on the Judiciary Committee.

[Also: Fate of Medicaid expansion is top of mind for providers in Trump healthcare plan, experts say]

On his Senate website, Sessions said he is focused on finding ways to make healthcare more affordable and improve consumer access to doctors and hospitals. He also expressed serious concern regarding the impact of the uninsured on the nation's hospitals, and has supported legislation to address this problem.

Sessions is also a strong advocate for what he said would restore fairness to the federal funding formulas that have traditionally short-changed Alabama, such as the Medicare reimbursement rate for hospitals and the distribution of critical HIV/AIDS funding.

The conservative Heritage Foundation praised his appointment.

"No one will work harder than Jeff Sessions to defend the freedoms and safety of all Americans as Attorney General," said Jim DeMint, president of The Heritage Foundation. "He is not intimidated by the liberal media or the Washington establishment. He has the courage and the proven record to take on special interests. He is passionate about defending the Constitution and the rule of law to protect the rights of everyone. Jeff has been such a great friend to me and many others, becoming one of the most respected leaders in the Senate and should easily be confirmed."

"As a former Alabama Attorney General, former United States Attorney, and a longtime distinguished member of the Senate Judiciary Committee and staunch advocate for the law enforcement community and the rule of law, Senator Sessions will make an outstanding United States Attorney General." said John Malcolm, director of the Edwin Meese III Center for Legal and Judicial Studies at the Heritage Foundation.

Twitter: @SusanJMorse