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Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

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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

Officer Kim Potter to be charged with manslaughter in Daunte Wright's death

Photo: Bruce Bisping/Star Tribune via Getty Images

Kim Potter, the former police officer who fatally shot Daunte Wright outside Minneapolis on Sunday, will be charged with second-degree manslaughter, Washington County Attorney Pete Orput told the Star Tribune Wednesday.

Why it matters: The shooting of the 20-year-old Black man in Brooklyn Center, Minn., just ten 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.

Tech dominates highest paying pandemic internships list

Illustration: Annelise Capossela/Axios

In the past year as the pandemic raged on, some of the world's most valuable companies continued to grow and compensate their workers well above national medians – interns included.

Driving the news: Workplace review platform Glassdoor published its 2021 report today on the 25 highest paying U.S. internships.

Biden on Afghanistan: "It is time to end America’s longest war"

Photo: Demetrius Freeman/The Washington Post via Getty Images

President Biden will say in a speech Wednesday that it's "time to end America’s longest war," as he sets out plans to withdraw all U.S. forces from Afghanistan by Sept. 11, according to prepared remarks.

Driving the news: "I am now the fourth American president to preside over an American troop presence in Afghanistan. Two Republicans. Two Democrats. I will not pass this responsibility to a fifth," Biden will say. "It is time for American troops to come home."

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