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

Democrats sound alarm on mail-in votes

Photo: Mark Makela/Getty Images

Democrats are calling a last-minute audible on mail-in voting after last night's Supreme Court ruling on Wisconsin.

Driving the news: Wisconsin Democrats and the Democratic attorney general of Michigan are urging voters to return absentee ballots to election clerks’ offices or drop boxes. They are warning that the USPS may not be able to deliver ballots by the Election Day deadline.

Nxivm cult leader Keith Raniere sentenced to life in prison

Carts full of court documents related to the U.S. v. Keith Raniere case arrive at the U.S. District Court for the Eastern District of New York in May 2019. Photo: Drew Angerer/Getty Images

Nxivm cult leader Keith Raniere, 60, was sentenced to 120 years in prison on Tuesday in federal court for sex trafficking among other crimes, the New York Times reports.

Catch up quick: Raniere was convicted last summer with sex trafficking, conspiracy, sexual exploitation of a child, racketeering, forced labor and possession of child pornography. His so-called self-improvement workshops, which disguised rampant sexual abuse, were popular among Hollywood and business circles.

Erica Pandey, author of @Work
51 mins ago - Economy & Business

Americans are moving again

Illustration: Aïda Amer/Axios

For decades, the share of Americans moving to new cities has been falling. The pandemic-induced rise of telework is turning that trend around.

Why it matters: This dispersion of people from big metros to smaller ones and from the coasts to the middle of the country could be a boon for dozens of left-behind cities across the U.S.

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