Paxton speaks outside the Supreme Court. Photo: Gabriella Demczuk / Getty Images

If you thought the Supreme Court upholding the Affordable Care Act’s individual mandate would settle the question of its constitutionality or that Congress repealing the mandate would satisfy its critics, Texas Attorney General Ken Paxton has some news for you.

The latest: Paxton and 19 other Republican attorneys general filed a lawsuit late yesterday claiming — once again — that the individual mandate is unconstitutional and that the rest of the ACA has to fall along with it.

Here’s how the logic of this argument plays out:

  • When the Supreme Court upheld the mandate in 2012, it said Congress could not force consumers to buy health insurance, but could impose a tax penalty on those who didn’t.
  • When Congress repealed the individual mandate as part of its recent tax bill, it didn’t actually repeal the coverage requirement — it just dropped the tax penalty to $0.
  • Therefore, the mandate itself is still on the books, but without the tax penalty the Supreme Court upheld.
  • The lawsuit further argues that the rest of the ACA cannot be separated from the mandate — essentially a retread of a part of the 2012 case that the high court never needed to settle.

Quick take: With no enforcement mechanism in place for the mandate, it’ll be a lot harder to convince a court that it’s harming anyone — a key component of having the legal standing to sue.

  • Those procedural grounds are probably the arena in which the current Justice Department would prefer to fight this out, rather than trying to decide whether and how to defend the ACA on its merits.

Go deeper

Updated 2 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 3 a.m. ET: 31,605,656 — Total deaths: 970,934 Total recoveries: 21,747,491Map.
  2. U.S.: Total confirmed cases as of 3 a.m. ET: 6,897,432 — Total deaths: 200,814 — Total recoveries: 2,646,959 — Total tests: 96,612,436Map.
  3. Health: The U.S. reaches 200,000 coronavirus deaths — The CDC's crumbling reputation — America turns against coronavirus vaccine.
  4. Politics: Elected officials are failing us on much-needed stimulus.
  5. Business: Two-thirds of business leaders think pandemic will lead to permanent changes — Fed chair warns economy will feel the weight of expired stimulus.
  6. Sports: NFL fines maskless coaches.

Trump pushes to expand ban against anti-racism training to federal contractors

Trump speaking at Moon Township, Penns., on Sept. 22. Photo: Mandel Ngan/AFP via Getty Images

President Trump announced late Tuesday that the White House attempt to halt federal agencies' anti-racism training would be expanded to block federal contractors from "promoting radical ideologies that divide Americans by race or sex."

Why it matters: The executive order appears to give the government the ability to cancel contracts if anti-racist or diversity trainings focused on sexual identity or gender are organized. The memo applies to executive departments and agencies, the U.S. military, federal contractors and federal grant recipients.

Updated 9 hours ago - Politics & Policy

House Democrats and Trump admin strike deal to avert government shutdown

House Speaker Nancy Pelosi on Capitol Hill. Photo: Tom Williams/CQ-Roll Call via Getty Images

The House on Tuesday passed legislation to fund the government through Dec. 11, by a vote of 359-57.

Why it matters: The bill will avert a government shutdown when funding expires in eight days. Pelosi and House Majority Leader Steny Hoyer (D-Md.) said earlier that they hoped to hold a vote on the legislation on Tuesday evening.

Get Axios AM in your inbox

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

Please enter a valid email.

Subscription failed
Thank you for subscribing!