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Photo: Nicholas Kamm/AFP/Getty Images

Reflecting widespread concerns within his party, House Minority Leader Kevin McCarthy has told President Trump he disagrees with the Trump administration's attempt to get the entire Affordable Care Act thrown out in court.

McCarthy told Trump over the phone that the decision made no sense — especially after Democrats killed Republicans in the midterms in part over the issue of pre-existing conditions, according to two sources familiar with their recent conversation. As Bloomberg's Sahil Kapur points out — health care was the top issue for 2018 midterm voters, and voters who cared most about health care favored Democrats over Republicans by more than 50 percentage points.

The big picture: McCarthy is far from alone in his view. Multiple GOP sources — from the most conservative to the most moderate wing of the party — have told Axios that they can't fathom why the president would want to re-litigate an issue that has been a clear loser for Republicans.

  • A senior House Republican aide texted: "Members feel like [the Mueller report announcement] was great and Trump stepped all over that message with the Obamacare lawsuit announcement."
  • They’re also exasperated about Trump’s substance-free declaration that Republicans will become "The Party of Healthcare.” Republicans aren’t united on health care, and they have been unable to advance a replacement for the ACA.

Driving the news: The Justice Department changed its position Monday night in a lawsuit filed by Republican attorneys general.

  • Those state officials want the courts to strike down the ACA’s individual mandate and throw out the rest of the law along with it. A district court judge agreed with them in December, ruling the entire law invalid.
  • DOJ had been arguing that the courts should toss the mandate and protections for people with pre-existing conditions, while letting the rest of the law stand. But it now says it agrees with the lower court’s ruling striking down the entire ACA.

Why it matters: If DOJ gets its way, the ACA’s insurance exchanges and Medicaid expansion would vanish, stripping health care coverage from more than 20 million people. And the loss of unrelated ACA provisions would reverberate throughout the health care system.

The intrigue: As Politico's Eliana Johnson first reported — and Axios has confirmed — "The Trump administration’s surprising move to invalidate Obamacare on Monday came despite the opposition of two key Cabinet secretaries: Health and Human Services Secretary Alex Azar and Attorney General William Barr."

  • Republican officials are privately blaming Trump's chief of staff Mick Mulvaney, domestic policy chief Joe Grogan, and acting director of the Office of Management and Budget Russ Vought for engineering the new position.

“I’m appalled,” Sen. Susan Collins told Axios. “I think the Justice Department has a duty to defend the duly enacted laws.”

  • “I’m going to be writing to the attorney general to express my views on this,” she said. “I was surprised and disappointed. If the president disagrees with a law, then he should should ask Congress to repeal or change that law. He should not try to get rid of it through the courts."

Several Republican senators told Axios they were surprised Trump spent most of the Senate GOP lunch on Tuesday on health care. Trump led with health care and went back to it several times during the meeting. "He's clearly very passionate about it," Sen. John Kennedy said. "It was one of few times at these things the president spoke more than the senators."

The other side: An administration official who supports the new DOJ position and is frustrated by the Republican opposition tells Axios: "Burying your head in the sand and wishing the issue of health care goes away didn’t work in the midterms and it won’t work this time. Obamacare’s failures are obvious to everyone, and if Republicans abandon the field there’s no obstacle to a fully socialized system."

Go deeper:

Go deeper

Prosecutor to seek hate crime charges, death penalty in Atlanta shootings

In Hopkinton, Mass., the Rally & Run To Stop Asian Hate is held to show solidarity in the wake of deadly Atlanta shootings and to mourn the loss of eight lives including six Asian women. Photo: Jonathan Wiggs/The Boston Globe via Getty Images

Prosecutors unveiled murder charges against the white man accused of shooting and killing eight people, six of whom were Asian women, at Atlanta-area spas,.AP reports.

Driving the news: A prosecutor filed notice that she plans to seek hate crime charges and the death penalty in the case.

2 hours ago - Health

Study: Over 99% of hospitalized COVID-19 patients were not vaccinated

Photo: Joe Raedle/Getty Images

The Cleveland Clinic on Tuesday released a study showing that 99.75% of patients hospitalized with COVID-19 between Jan. 1 and April 13 were not fully vaccinated, according to data provided to Axios.

Why it matters: Real-world evidence continues to show coronavirus vaccines are effective at keeping people from dying and out of hospitals. The Pfizer-BioNTech and Moderna vaccines have been found to be 95% and 94% effective, respectively, at preventing symptomatic infections.

4 hours ago - Health

Biden reaches agreements with Uber and Lyft to give free rides to vaccine sites

The Biden administration has reached agreements with ride-sharing companies Uber and Lyft to offer free rides to coronavirus vaccination sites through July 4, the White House announced Tuesday.

Why it matters: The free rides, starting in the next two weeks, are part of the Biden administration's push to administer at least one vaccine dose to 70% of U.S. adults by Independence Day.