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President Trump said in an exclusive interview with "Axios on HBO" that he'll reinstate protections for pre-existing conditions if a lawsuit — which his administration supports — guts the Affordable Care Act. But Republicans have never come up with a replacement plan that would offer the same level of protection as the ACA.

The intrigue: Trump also said Attorney General Jeff Sessions didn't give him a heads-up before urging a court to throw out the ACA's provisions on pre-existing conditions. But Sessions has said Trump signed off on the move.

The big picture: The Justice Department is arguing that the courts should strike down the Affordable Care Act’s individual mandate and toss out its protections for people with pre-existing conditions in the process.

  • If that position ultimately prevails, millions of people could lose their coverage or see their costs skyrocket.
  • Republican attorneys general want the court to strike down the entire law, which would have the same effect.

“It wouldn’t matter” if those ACA provisions are struck down, Trump said, “because pre-existing conditions, on anything we do, will be put into it.”

  • “I support terminating Obamacare, but if we terminate it, we will reinstitute pre-existing conditions in whatever we do,” he said.

Trump has said this throughout the midterm campaign season. But in the eight years since the ACA passed, Republicans have never proposed an alternative that would offer the same level of protection.

  • Their proposals have either been underfunded or have left gaps that would still expose some people to higher costs and denied coverage.

Where it stands: Judge Reed O’Connor, a George W. Bush appointee, is expected to rule any day now, and oral arguments seemed to go poorly for the ACA’s allies.

  • DOJ’s position in the case has already caused plenty of headaches for Republican candidates in the midterms.

Axios asked Trump whether Sessions had told him that this was coming.

  • “No, he didn’t, actually,” Trump said.
  • But Sessions has said he took this politically explosive position “with the approval of the President of the United States.”
  • The Justice Department referred questions about the discrepancy to the White House.
  • “Litigation decisions are typically handled through the White House Counsel’s office on behalf of the President,” White House Press Secretary Sarah Sanders said when asked about the conflicting answers. “The issue presented in this case is a technical constitutional issue and does not represent the Administration’s general position on pre-existing conditions.”

Go deeper:

Go deeper

Updated 2 hours ago - Sports

Swimmer Chase Kalisz first American to win Tokyo Olympics gold medal

Chase Kalisz of Team United States celebrates after winning the Men's 400m Individual Medley Final on day two of the Tokyo 2020 Olympic Games at Tokyo Aquatics Centre in Tokyo, Japan. Photo: Al Bello/Getty Images

Swimmer Chase Kalisz has become the first Team United States Olympian to win gold at the Tokyo Games.

The big picture: The Rio 2016 silver medalist's winning time in the men's 400 meters Individual Medley Final was 4 minutes 9.42 seconds. His teammate Jay Litherland took silver, .86 seconds behind him. Moments later, Kieran Smith grabbed a third medal for the U.S. when he won bronze in the 400-meter freestyle.

Go deeper: Full Axios coverage

Editor's note: This article has been updated with new details throughout.

DOJ won't investigate nursing home deaths in N.Y. and 2 other states

People who've lost loved ones due to COVID-19 while they were in New York nursing homes attend a March protest and vigil in New York City. As of this month, Photo: Spencer Platt/Getty Images

The Department of Justice has decided not to launch a civil rights investigation into whether policies in New York, Pennsylvania and Michigan contributed to pandemic deaths in nursing homes, according to a letter sent to Republicans.

Why it matters: The Trump DOJ requested data from the three states plus New Jersey last August "amid still-unanswered questions about whether some states, especially New York, inadvertently worsened the pandemic death toll by requiring nursing homes to accept residents previously hospitalized for COVID-19," per AP.

Former Blizzard CEO says he "failed” women at the studio

Image: Neville Elder / Getty Images

Mike Morhaime, who co-founded and worked at video game studio Blizzard for 28 years, has apologized publicly for toxic work conditions at his former studio, which is now the subject of a discrimination and harassment lawsuit by the state of California.

Why it matters: Morhaime is no longer at Blizzard, but was its leader for most of its existence and therefore was in charge when much of what is alleged in California’s suit would have occurred.