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Protestors march in favor of protecting the Affordable Care Act. Photo: Erik McGregor/Pacific Press/LightRocket via Getty Images

The Justice Department now says the courts should strike down the entire Affordable Care Act — not just its protections for pre-existing conditions. The department signaled its new, broader position in a legal filing Monday, part of a lawsuit challenging the law's individual insurance mandate.

Why it matters: A ruling striking down the entire ACA would upend major parts of the health care system. Millions of people would lose their health care coverage, and a host of seemingly unrelated policies — including new experiments in how Medicare pays for care and an entire class of prescription drugs — would also go out the window.

How it works: A federal judge ruled in December that the ACA's individual mandate has become unconstitutional, because of the way Republicans zeroed out the penalty for being uninsured.

  • He said the entire ACA had to fall along with the mandate — the position the Republican attorneys general who brought this lawsuit had advocated.
  • At the time, the Justice Department had agreed that the mandate was unconstitutional, but said only 2 other provisions needed to go — the one requiring insurers to cover people with pre-existing conditions, and the one prohibiting them from charging those customers a higher premium.
  • Now, though, the Justice Department says it agrees with the judge's entire opinion, and won't challenge any part of that ruling as the case heads through the appeals process.

What's next: The case is pending before the 5th Circuit Court of Appeals — the most conservative appeals court in the country. From there it would go to the Supreme Court.

Go deeper

House Judiciary Committee advances reparations bill in historic vote

Sheila Jackson Lee. Photo: Al Drago/Getty Images

The House Judiciary Committee voted 25 to 17 Wednesday to advance a bill that would create a commission to study reparations for Black Americans who are the descendants of slaves.

Why it matters: "No such bill has ever come this far during Congressional history of the United States," said Rep. Sheila Jackson Lee (D-Texas), who sponsored the bill, per the Washington Post.

Updated 4 hours ago - Politics & Policy

Officer Kim Potter arrested, charged with manslaughter in Daunte Wright's death

Kim Potter's booking photos. Photo: Hennepin County Sheriff's Office

Kim Potter, the former police officer charged with second-degree manslaughter in the fatal shooting of Daunte Wright, was released on a $100,000 bond on Wednesday, Hennepin County jail records show.

Why it matters: Sunday's shooting of the 20-year-old Black man in Brooklyn Center, Minnesota, just 10 miles from where George Floyd was killed by a Minneapolis police officer last year, has reinvigorated Black Lives Matter protests and led to three consecutive nights of unrest.

Updated 4 hours ago - Politics & Policy

Biden names Erika Moritsugu as senior AAPI liaison

Erika Moritsugu. Photo courtesy: National Partnership for Women & Families

President Biden has named Erika Moritsugu as deputy assistant to the president and Asian American and Pacific Islander senior liaison, the White House announced Wednesday.

Driving the news: The decision follows weeks of pressure from AAPI leaders to include more Asian American representation at the Cabinet level and in senior administration roles.

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