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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

Updated 39 mins ago - Politics & Policy

Cuomo's former chief counsel joins calls for him to resign after damning report

Photo: Spencer Platt/AFP via Getty Images

New York Gov. Andrew Cuomo's (D) former chief counsel joined top Democratic lawmakers on Tuesday in calling for him to resign after an independent investigation concluded the governor sexually harassed multiple women in violation of federal and state law.

The latest: Alphonso David, who is now president of the LGBTQ advocacy group Human Rights Campaign, called the report authored by investigators "devastating" and echoed others' comments in decrying Cuomo's "pattern of sexual harassment."

Cuomo accuser speaks out, calls denials "dangerous," "victim blaming"

Andrew Cuomo. Photo: Lev Radin/Pacific Press/LightRocket via Getty Images

A former aide to New York Gov. Andrew Cuomo, who accused him of sexual harassment, spoke out against his earlier denial of inappropriate behavior, telling CBS News that the lawmaker's comments were "dangerous" and "victim blaming."

Driving the news: At a press conference earlier Tuesday, Cuomo specifically addressed the allegations made by his ex-aide, Charlotte Bennett, admitting he "did ask her questions I don't normally ask people," but he flatly denied other details of her allegations.

CDC extends ban on evictions until October after protests

Demonstrators gather during a protest against the expiration of the eviction moratorium outside of the U.S. Capitol in Washington, D.C., U.S., on Sunday, Aug. 1. Photo: Bloomberg via Getty Images

The Centers for Disease Control and Prevention issued an order on Tuesday barring evictions for most of the U.S. through Oct. 3.

The big picture: The moratorium will temporarily halt evictions in counties with "substantial and high levels" of coronavirus cases, which should cover areas where 90% of the U.S. population lives, per AP.

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