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The Affordable Care Act's cost-sharing reduction payments saga continues: The Trump administration ended the payments in 2017, Congress failed to fund them, and now 3 judges have said the government is still on the hook for the payments.

The big picture: "If their decisions stand, insurers could recover roughly $12 billion a year, every year, until Congress intervenes to stop the bleeding," Nicholas Bagley writes in the Incidental Economist.

  • While Congress never appropriated the funds, which was the basis of a different lawsuit, the ACA still required the U.S. government to pay the subsidies to insurers.
  • When the payments stopped, insurers sued, and the cases are ongoing in the Court of Federal Claims.

The bottom line: It's looking unlikely that any final decision, if insurers win, will take into account that insurers have made up for the lost subsidy money by raising premiums and, thus, premium subsidies — the ACA's other form of government assistance.

  • The 3 judges have either said or suggested that this won't impact their decision.
  • That means that the possibility of insurers participating on exchanges getting a multi-billion dollar windfall has increased.

Go deeper: Health insurer loses $73 million after Trump halts ACA subsidies

Go deeper

DOJ pressed to enforce Al Jazeera foreign agent ruling

Illustration: Aïda Amer/Axios

The Justice Department is being pressed to enforce its own demand that the U.S. arm of Qatari broadcaster Al Jazeera register as a foreign agent.

Why it matters: The launch of Al Jazeera's new right-of-center U.S. media venture, Rightly, has refocused attention on the media company's alleged links to Doha, and DOJ's efforts to crack down on media outlets viewed as foreign interest mouthpieces.

Poll: Immigration is America's most-polarizing issue

Data: The American Aspirations Index/Populace; Chart: Will Chase/Axios

Immigration was found to be the most polarizing issue in America based on new polling from Populace.

Why it matters: Americans have surprisingly similar priorities for the U.S., but immigration stands out as one of the few issues with clear partisan differences. It underscores the challenge for advocates and lawmakers hoping to pass immigration reform in the coming weeks amid narrow margins in Congress.

Lawmakers hide behind AG's investigation as Cuomo lingers

A billboard outside Albany, N.Y. Photo: Matthew Cavanaugh/Getty Images

New York Gov. Andrew Cuomo is politically wounded but not yet dead, several state lawmakers tell Axios.

The state of play: Most are holding their fire and punting to state Attorney General Letitia James' investigation into sexual harassment allegations. They expect the inquiry to be credible and thorough — and buy Cuomo badly needed breathing room.