Photo: Justin Sullivan/Getty Images

CVS Health and Aetna officials next week will have to convince a federal judge in court that their closed merger is legitimate and that the settlement terms negotiated by the Department of Justice are fine and dandy.

Threat level: Judge Richard Leon, who gave the final seal of approval for the AT&T-Time Warner merger, likely can’t tell CVS and Aetna to unscramble their merger completely, said Andrea Agathoklis Murino, a former DOJ antitrust attorney now at the law firm Goodwin Procter. "But he can say the remedy was insufficient."

The details: The deal’s main concession was Aetna agreeing to sell its Medicare drug plans to WellCare.

  • However, that would mostly shift people toward another large player, and it wouldn’t address the antitrust concerns around stacking a health plan, a pharmacy benefit manager and pharmacies under one umbrella.
  • It's a long shot to send everyone back to the drawing board, said Tim Greaney, a former DOJ antitrust attorney who teaches at UC Hastings. But that doesn’t mean the terms of the settlement can’t change.

Go deeper: The problem facing the CVS Health-Aetna merger

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Updated 18 mins ago - Politics & Policy

Coronavirus dashboard

Illustration: Annelise Capossela/Axios

  1. Global: Total confirmed cases as of 3 a.m. ET: 20,294,091 — Total deaths: 741,420— Total recoveries: 12,591,454Map.
  2. U.S.: Total confirmed cases as of 3 a.m. ET: 5,141,207 — Total deaths: 164,537 — Total recoveries: 1,714,960 — Total tests: 63,252,257Map.
  3. States: Georgia reports 137 coronavirus deaths, setting new daily record Florida reports another daily record for deaths.
  4. Health care: Trump administration buys 100 million doses of Moderna's coronavirus vaccine.
  5. Business: Moderna reveals it may not hold patent rights for vaccine.
  6. Sports: Big Ten scraps fall football season.
  7. World: Anthony Fauci "seriously" doubts Russia's coronavirus vaccine is safe
2 hours ago - World

EU threatens Belarus with sanctions amid third night of unrest

Belarus riot police detain protesters in Minsk on Tuesday. Photo: Sergei Gapon/AFP via Getty Images

The European Union warned Tuesday it could reimpose sanctions on Belarus as riot police clashed for a third night with demonstrators protesting this week's elections that the EU described as "neither free nor fair," per the Guardian.

Why it matters: The EU removed most sanctions against Belarus four years ago, after "Europe's last dictator" Alexander Lukashenko released political prisoners and permitted protests, AP notes. The EU said in a statement Tuesday it would be "conducting an in-depth review" into its relations with former Soviet country over his elections win claim and the deadly crackdown on protesters.

Ilhan Omar wins Minnesota primary

Photo: Stephen Maturen/Getty Images

Rep. Ilhan Omar (D-Minn.) won the Democratic primary against lawyer Antone Melton-Meaux on Tuesday evening, AP reports.

Why it matters: The race is one that's played out across the U.S. as progressives continue to sweep party nominations. Omar's win officially means all four progressive members of "The Squad" have won their primary elections.