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.

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Updated 19 mins ago - Politics & Policy

What they're saying: Trump nominates Amy Coney Barrett for Supreme Court

Judge Amy Coney Barrett in the Rose Garden of the White House on Sept. 26. Photo: Oliver Douliery/AFP via Getty Images

Democratic and Republican lawmakers along with other leading political figures reacted to President Trump's Saturday afternoon nomination of federal appeals court Judge Amy Coney Barrett to succeed Justice Ruth Bader Ginsburg on the Supreme Court.

What they're saying: "President Trump could not have made a better decision," Senate Majority Leader Mitch McConnell said in a statement. "Judge Amy Coney Barrett is an exceptionally impressive jurist and an exceedingly well-qualified nominee to the Supreme Court of the United States."

Amy Coney Barrett: "Should I be confirmed, I will be mindful of who came before me"

Trump introduces Amy Coney Barrett as nominee to replace Ruth Bader Ginsburg. Photo: Olivier Douleiry/Getty Images

In speaking after President Trump announced her as the Supreme Court nominee to replaced Ruth Bader Ginsburg, Circuit Court Judge Amy Coney Barrett said on Saturday she will be "mindful" of those who came before her on the court if confirmed.

What she's saying: Barrett touched on Ginsburg's legacy, as well as her own judicial philosophy and family values. "I love the United States and I love the United States Constitution," she said. "I'm truly humbled at the prospect of serving on the  Supreme Court."

Updated 45 mins ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 6 p.m. ET: 32,683,686 — Total deaths: 990,977 — Total recoveries: 22,535,887Map.
  2. U.S.: Total confirmed cases as of 6 p.m. ET: 7,072,897 — Total deaths: 204,446 — Total recoveries: 2,727,335 — Total tests: 99,488,275Map.
  3. States: New York daily cases top 1,000 for first time since June — U.S. reports over 55,000 new coronavirus cases.
  4. Health: The long-term pain of the mental health pandemicFewer than 10% of Americans have coronavirus antibodies.
  5. Business: Millions start new businesses in time of coronavirus.
  6. Education: Summer college enrollment offers a glimpse of COVID-19's effect.

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