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The exterior of the Department of Justice building, flanked by the Trump International Hotel. Photo: Tom Brenner/Getty Images

In a stunning escalation, the Justice Department wants the courts to strike down the entire Affordable Care Act — not just its protections for people with pre-existing conditions.

Why it matters: It raises both the real-world and political stakes in a lawsuit where both were already very high. If DOJ ultimately gets its way here, the ripple effects would be cataclysmic. The ACA's insurance exchanges would go away. So would its Medicaid expansion. Millions would lose their coverage.

  • The FDA would lose the authority to approve an entire class of drugs.
  • The federal government would lose a lot of its power to test new payment models — in fact, the administration is relying on some of those ACA powers as it explores conservative changes to Medicaid.

The state of play: Politically, this makes no sense. Chuck Schumer and Nancy Pelosi must be dancing in the streets.

  • Health care — specifically pre-existing conditions — was overwhelmingly a winning issue for Democrats in 2018.
  • This lawsuit already had Republicans in an unpleasant bind.
  • Now the administration is doubling down, putting even more people's coverage on the chopping block.

Where it stands: Judge Reed O'Connor ruled in December that the ACA's individual mandate has become unconstitutional, and that the whole law must fall along with it.

  • At the time, the Trump administration argued that the courts should only throw out the mandate and protections for pre-existing conditions — not the whole law.
  • But in a one-page filing last night, DOJ said the 5th Circuit Court of Appeals should affirm O'Connor's entire ruling.

What they're saying:

  • "The bad faith on display here is jaw-dropping," pro-ACA legal expert Nick Bagley writes.
  • "I was among those who cheered the selection of William Barr as Attorney General and hoped his confirmation would herald the elevation of law over politics within the Justice Department. I am still hopeful, but this latest filing is not a good sign," said Jonathan Adler, a conservative law professor who helped spearhead the last big ACA lawsuit.

Go deeper ... Exclusive poll: Public fears lawsuit over pre-existing conditions

Go deeper

Biden gets COVID-19 booster shot on live television

President Biden received a Pfizer-BioNTech coronavirus vaccine booster shot on live television on Monday, while also urging Americans to get vaccinated.

Driving the news: The Centers for Disease Control and Prevention last week recommended Pfizer booster shots for millions of people, including those 65 years and older and individuals at high-risk of severe COVID-19.

John Hinckley, who shot Reagan, wins unconditional release

John Hinckley Jr. sitting on the back seat of a car in 1981. Photo: Bettmann/Getty Images

A federal judge on Monday approved the unconditional release of John Hinckley Jr., who tried to assassinate former President Reagan in 1981.

State of play: U.S. District Court Judge Paul L. Friedman in Washington ruled that Hinckley can be freed from all court supervision in 2022 if he remains mentally stable and continues to follow rules that were imposed on him after he was released from a Washington mental health facility in 2016 to live in Virginia, AP reports.

Rep. Karen Bass launches run for Los Angeles mayor

Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images

Rep. Karen Bass (D-Calif.) on Monday launched her bid for mayor of Los Angeles.

Why it matters: Bass is a high-profile member of Congress. The former chair of the Congressional Black Caucus, she was considered as a potential running mate to President Joe Biden and was a lead negotiator in the recently-ended talks on police reform. Should Bass win the mayoral election, she would become the first female mayor in L.A. history.