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A week out from the midterms, Democrats are showing they haven't lost sight of health care as a major campaign issue, and keep pressing Republicans about pre-existing conditions.

Led by Rep. Don Beyer (D-Va.), 45 House Democrats wrote to President Trump, as well as the 18 state attorneys general and two governors leading a lawsuit that seeks to overturn ObamaCare and its pre-existing condition protections.

"Until President Trump stops his efforts to undermine protections for pre-existing conditions, he is functionally lying to the American people," Beyer said.

From the letter to Trump: According to Beyer and the Democrats, the words of support from Trump and congressional leaders "do not match the actions of your administration. Your Department of Justice has not only refused to intervene in a lawsuit brought by state attorneys general that would nullify preexisting conditions protections if successful, but also argued in a brief that guaranteeing coverage to people with health conditions and charging them the same rates should be struck down."

From the letter to state AGs: "Given that national Republican leadership is claiming to defend pre-existing conditions protections, we expect you will immediately drop your lawsuit."

State of play: A federal judge in Texas heard arguments in September, and promised he would rule quickly. But speculation is now that he will wait until after the elections, to blunt any political impact from his ruling if he chooses to side with the plaintiffs.