Nancy Pelosi speaks at a conference about the White House's targeting of the ACA's pre-existing conditions. Photo: Toya Sarno Jordan/Getty Images

Congress could easily get rid of the GOP lawsuit that threatens the entire Affordable Care Act — if Democrats want to force the issue. But two of the smartest pro-ACA legal experts are divided over whether that’s a good strategy.

Refresher: The lawsuit, filed by Republican attorneys general, argues that the ACA’s individual mandate is invalid because Congress has zeroed out the penalty for not having insurance — and the penalty, not the mandate it was enforcing, is what the Supreme Court upheld in 2012. A great many legal experts consider the GOP's argument a long shot, but it won the first round of legal proceedings.

There's an easy fix: Just repeal the mandate. It's not in effect, and realistically, Democrats are unlikely to ever raise the penalty back above $0.

What they're saying:

  • Go for it, says University of Michigan law professor Nick Bagley. At best, Democrats would neutralize a lawsuit that could undo the ACA. At worst, they'd be putting Republicans on the record about the future of protections for people with pre-existing conditions.
  • Not so fast, argues Washington & Lee's Tim Jost. He's afraid that if Democrats attempted such a fix but failed, conservative judges could take it as a tacit admission that there’s a problem, and use that as a pretext to strike down the ACA.

Go deeper: Andrew Sprung, one of the Internet's best ACA resources, spoke to both Bagley and Jost and has a good roundup about all this on his blog.

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Trump says he intends to give RNC speech on White House lawn

President Trump speaking to reporters on South Lawn in July. Photo: Jabin Botsford/The Washington Post via Getty Images

President Trump told the New York Post on Thursday that he plans to deliver his Republican National Convention speech from the White House lawn, despite bipartisan criticism of the optics and legality of the location.

Why it matters: Previous presidents avoided blurring staged campaign-style events — like party conventions — with official business of governing on the White House premises, per Politico.

Updated 2 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Aïda Amer/Axios

  1. Global: Total confirmed cases as of 7 p.m. ET: 20,739,537 — Total deaths: 751,910— Total recoveries: 12,895,242Map.
  2. U.S.: Total confirmed cases as of 7 p.m. ET: 5,242,184 — Total deaths: 166,971 — Total recoveries: 1,755,225 — Total tests: 64,612,034Map.
  3. Politics: House Democrats to investigate scientist leading "Operation Warp Speed" vaccine projectMcConnell announces Senate will not hold votes until Sept. 8 unless stimulus deal is reached.
  4. 2020: Biden calls for 3-month national mask mandateBiden and Harris to receive coronavirus briefings 4 times a week.
  5. States: Georgia Gov. Brian Kemp to drop lawsuit over Atlanta's mask mandate.
  6. Business: Why the CARES Act makes 2020 the best year for companies to lose money.
  7. Public health: Fauci's guidance on pre-vaccine coronavirus treatments Cases are falling, but don't get too comfortable.

Fauci's guidance on pre-vaccine coronavirus treatments

Illustration: Aïda Amer/Axios

Antibody drugs and various medicine cocktails against the coronavirus are progressing and may provide some relief before vaccines.

The big picture: Everyone wants to know how and when they can return to "normal" life, as vaccines are not expected to be ready for most Americans for at least a year. Two therapies are known to be helpful, and more could be announced by late September, NIAID Director Anthony Fauci tells Axios.