Speaking in Charlotte, North Carolina, a subdued Trump claimed that he would issue “the first-ever executive order” to ensure insurance coverage for people with pre-existing conditions, a provisions that is already ensconced in law through the Affordable Care Act.
The president says he will issue “the first-ever executive order to affirm that it is the official policy of the United States Government to protect patients with pre-existing conditions.” Obamacare law provides that protection currently.
— Kelly O'Donnell (@KellyO) September 24, 2020
This isn’t the first time Trump has made such a promise: after playing a round of golf, he made a similar claim in early August while holding a photo op attended by club members at his Bedminster golf club.
Such an executive order only applies to regulatory authority of Executive Branch agencies and it can be overturned simply by an executive order from a future administration. A law, however, is enforceable through civil and, at times, criminal action. A law can only be overturned in two way, including superseding legislation.
The other way a law can be overturned is by judicial action, which is the route the Trump Administration has taken to undermine existing protections for people with pre-existing conditions. The Justice Department is waging a court case out of Texas that would overturn all provisions of the Affordable Care Act.