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Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

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Sen. Thom Tillis in a Senate Armed Services Committee hearing. Photo: Photo by Chip Somodevilla/Getty Images

A lawsuit that threatens to kill the entire Affordable Care Act could be a political disaster for the GOP, but most Republicans aren't trying to stop it — and some openly want it to succeed.

Between the lines: The GOP just lost the House to Democrats who campaigned heavily on health care, particularly protecting people with pre-existing conditions, but the party's base still isn't ready to accept the ACA as the law of the land.

The big picture: A district judge ruled last month that the ACA's individual mandate is unconstitutional and that the whole law must fall along with it. That decision is being appealed.

  • A victory for the Republican attorneys general who filed the lawsuit — or for the Trump administration's position — would likely cause millions of people with pre-existing conditions to lose their coverage or see their costs skyrocket.

Some Republicans want the lawsuit to go away.

  • Rep. Greg Walden, ranking member of the Energy and Commerce Committee, supports fully repealing the ACA's individual mandate, which the 2017 tax law nullified. That's what sparked this lawsuit, and formal repeal would likely put the legal challenge to rest.
  • Sen. Susan Collins laughed when asked whether she hopes the plaintiffs win the case. "No. What a question," she said.

But other Republicans say they see an opportunity.

  • If the lawsuit prevails, “it means that we could rebuild and make sure that we have a health care system that is going to ensure that individuals are in charge of their health care," Rep. Cathy McMorris Rodgers (R-Wash.) said.
  • Sen. David Perdue (R-Ga.) said that "of course" he wants the challengers to win, which would "give us an opportunity to get at the real problem, and that is the cost side of health care."
  • Sen. Shelley Moore Capito (R-W.Va.) said she views the lawsuit "as an opportunity for us to assure pre-existing conditions and make sure that we fix some of the broken problems," but that she doesn't know if it'd be good if the plaintiffs win.

The bottom line: "The longer we're talking about preexisting conditions, the longer we're losing. We need to focus on a message that can win us voters in 2020. The debate of preexisting conditions was a stone-cold loser for us in 2018," said Matt Gorman, the communications director for House Republicans' campaign arm during the 2018 cycle.

Go deeper

Dave Lawler, author of World
5 mins ago - World

Global press freedom deteriorates amid pandemic

Data: Reporters Without Borders; Chart: Axios Visuals

Journalism is seriously restricted in 132 of 180 countries included in Reporters without Borders' annual Press Freedom Index — a particularly dangerous state of affairs during the pandemic.

Breaking it down: Nordic countries are ranked high on the list for having "good" press freedoms, while China, Turkmenistan, North Korea and Eritrea are at the bottom. The U.S. is ranked 44th.

Felix Salmon, author of Capital
42 mins ago - Economy & Business

How anti-greed backlash killed the European Super League

Photo: David Cliff/Anadolu Agency via Getty Images

The 48-hour rise and fall of the European Super League is the perfect encapsulation of how anti-greed sentiment has changed the rules of capitalism.

Why it matters: The highly-complex structures of capitalism are built from the mostly base motivations of individuals chasing money. That's been condemned and celebrated in equal measure — but has also largely been accepted.

Senate Republicans unveil $568 billion infrastructure counterproposal

Sens. John Barasso and Shelley Moore Capito. Photo: Caroline Brehman/CQ Roll Call/Bloomberg via Getty Images

Senate Republicans formally rolled out the framework for their $568 billion counterproposal to President Biden's $2.5 trillion infrastructure plan on Thursday.

Why it matters: The package is far narrower than anything congressional Democrats or the White House would agree to, but it serves as a marker for what Republicans want out of a potential bipartisan deal.

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