Mar 26, 2019

Justice Department now says courts should strike the entire ACA

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

In photos: How the coronavirus outbreak is impacting on daily lives

A woman receives a rose delivered to her via a drone in Lebanon's coastal city of Jounieh. Photo: Joseph EidAFP via Getty Images

The novel coronavirus pandemic is having a huge impact on the lives of people around the world.

The big picture: The first known case outside China was in Thailand on Jan. 13. Since then, global infection numbers have surged, and governments around the world have responded with measures designed to curb the spread of the virus — ranging from lockdowns to physical distancing enforcement. There were more than 723,000 confirmed COVID-19 infections by early Monday, per Johns Hopkins data). However, life hasn’t stopped because of the pandemic, but it has changed. Here's how.

See photosArrow11 mins ago - Health

World coronavirus updates: Global death toll surpasses 34,000

Data: The Center for Systems Science and Engineering at Johns Hopkins, the CDC, and China's Health Ministry. Note: China numbers are for the mainland only and U.S. numbers include repatriated citizens and confirmed plus presumptive cases from the CDC

The novel coronavirus has now killed more than 34,000 people and infected over 723,000 others globally, per Johns Hopkins data. Italy reported more than 10,700 deaths early Monday.

The big picture: Governments around the world have stepped up public health and economic measures to stop the spread of the virus and soften the financial impact. In the U.S., now the site of the largest outbreak in the world, President Trump said Sunday that his administration will extend its "15 Days to Slow the Spread" guidelines until April 30,

Go deeperArrowUpdated 2 hours ago - Health

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 1 a.m. ET: 722,435 — Total deaths: 33,997 — Total recoveries: 151,991.
  2. U.S.: Leads the world in cases. Total confirmed cases as of 1 a.m.. ET: 142,502 — Total deaths: 2,506 — Total recoveries: 4,856.
  3. Federal government latest: President Trump says his administration will extend its "15 Days to Slow the Spread" guidelines until April 30.
  4. Public health updates: Fauci says 100,000 to 200,000 Americans could die from virus.
  5. State updates: Louisiana governor says state is on track to exceed ventilator capacity by end of this week — Cuomo says Trump's mandatory quarantine comments "panicked" some people into fleeing New York
  6. World updates: Italy on Sunday reports 756 new deaths, bringing its total 10,779. Spain reports almost 840 dead, another new daily record that bring its total to over 6,500.
  7. What should I do? Answers about the virus from Axios expertsWhat to know about social distancingQ&A: Minimizing your coronavirus risk
  8. Other resources: CDC on how to avoid the virus, what to do if you get it.

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