Jul 9, 2019

The ACA's fate will again be argued in court

Protestors rallying against repealing and replacing the Affordable Care Act in 2017. Photo: Albin Lohr-Jones/Pacific Press/LightRocket/Getty Images

Republican attorneys general and the Trump administration will make their case before the 5th Circuit Court of Appeals Tuesday for striking down the entire Affordable Care Act.

Why it matters: If all of this ends with the Affordable Care Act being struck down, it'll kick millions of people off their coverage, upend the health care system and force the political debate about health care back into 2010-level intensity.

  • That hasn't happened yet and it may not happen, but the 5th Circuit is the last stop before the Supreme Court, so buckle up.

What we're watching:

  • Severability: It wouldn't be too hard to throw out what remains of the ACA's individual mandate but leave the rest of the law intact. That outcome didn't seem to interest Judge Reed O'Connor, the lower-court judge who said last year the whole law had to go, but it could get a second chance today.
  • Congressional intent: Congress said in 2010 that the individual mandate was intertwined with the law's other coverage provisions, most notably its protections for people with pre-existing conditions. But it was also Congress that redesigned the law, keeping those protections in place but nullifying the mandate. Does the 111th Congress' intent override the 115th's?

Go deeper: Trump privately thinks ACA lawsuit will fail in court

Go deeper

U.S. coronavirus updates

Data: The Center for Systems Science and Engineering at Johns Hopkins; Map: Andrew Witherspoon/Axios. This graphic includes "probable deaths" that New York City began reporting on April 14.

More than 62,300 U.S. health care workers have tested positive for the novel coronavirus and at least 291 have died from the virus, the Centers for Disease Control and Prevention reported on Tuesday. COVID-19 had infected about 9,300 health professionals when the CDC gave its last update on April 17.

By the numbers: More than 98,900 people have died from COVID-19 and over 1.6 million have tested positive in the U.S. Over 384,900 Americans have recovered and more than 14.9 million tests have been conducted.

Coronavirus dashboard

Illustration: Aïda Amer/Axios

  1. Global: Total confirmed cases as of 11:00 p.m. ET: 5,589,626 — Total deaths: 350,453 — Total recoveries — 2,286,956Map.
  2. U.S.: Total confirmed cases as of 11:00 p.m. ET: 1,680,913 — Total deaths: 98,913 — Total recoveries: 384,902 — Total tested: 14,907,041Map.
  3. Federal response: DOJ investigates meatpacking industry over soaring beef pricesMike Pence's press secretary returns to work.
  4. Congress: House Republicans to sue Nancy Pelosi in effort to block proxy voting.
  5. Business: How the new workplace could leave parents behind.
  6. Tech: Twitter fact-checks Trump's tweets about mail-in voting for first timeGoogle to open offices July 6 for 10% of workers.
  7. Public health: Coronavirus antibodies could give "short-term immunity," CDC says, but more data is neededCDC releases guidance on when you can be around others after contracting the virus.
  8. What should I do? When you can be around others after contracting the coronavirus — Traveling, asthma, dishes, disinfectants and being contagiousMasks, lending books and self-isolatingExercise, laundry, what counts as soap — Pets, moving and personal healthAnswers about the virus from Axios expertsWhat to know about social distancingHow to minimize your risk.
  9. Other resources: CDC on how to avoid the virus, what to do if you get it, the right mask to wear.

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Updated 46 mins ago - Politics & Policy

World coronavirus updates

Data: The Center for Systems Science and Engineering at Johns Hopkins; Map: Axios Visuals

There are no COVID-19 patients in hospital in New Zealand, which reported just 21 active cases after days of zero new infections. A top NZ health official said Tuesday he's "confident we have broken the chain of domestic transmission."

By the numbers: Almost 5.5 million people have tested positive for the novel coronavirus as of Tuesday, and more than 2.2 million have recovered. The U.S. has reported the most cases in the world (over 1.6 million from 14.9 million tests).