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Protesters speak out against the Affordable Care Act in front of the Supreme Court during a previous legal challenge. Photo: Brooks Kraft LLC/Corbis via Getty Images

The Justice Department will not defend the Affordable Care Act in court, and says it believes the law's individual mandate — the provision the Supreme Court upheld in 2012 — has become unconstitutional.

Why it matters: The Justice Department almost always defends federal laws when they're challenged in court. Its departure from that norm in this case is a major development — career DOJ lawyers removed themselves from the case as the department announced this shift in its position.

The details: The ACA's individual mandate requires most people to buy insurance or pay a tax penalty. The Supreme Court upheld that in 2012 as a valid use of Congress' taxing power.

  • When Congress claimed it repealed the individual mandate last year, what it actually did was drop the tax penalty to $0.
  • So the coverage requirement itself is still technically on the books. And a group of Republican attorneys general, representing states led by Texas, say it's now unconstitutional — because the specific penalty the Supreme Court upheld is no longer in effect.
  • The Justice Department agreed with that position in a brief filed Thursday night.
  • DOJ said the courts should strike down the coverage requirement, as well as the provision of the law that forces insurance companies to cover people with pre-existing conditions.

Between the lines: For the Justice Department to stop defending a federal law is not unprecedented — the Obama administration did it with the Defense of Marriage Act. But it is exceptionally rare.

Yes, but: A group of Democratic attorneys general has been granted permission to defend the ACA in this case, so someone will be in its corner.

What to watch: The argument against it is by no means a slam dunk. For starters, critics — now including the Justice Department — will have to prove that people are still being injured by the remaining shell of the individual mandate, even without a penalty for non-compliance.

Get more stories like this by signing up for our daily health care newsletter, Vitals. 

This story has been updated to note that the Obama administration stopped defending the Defense of Marriage Act.

Go deeper

Updated 3 hours ago - Politics & Policy

1 dead after pickup truck hits Pride spectators in Florida

Police investigate the scene where a pickup truck drove into a crowd of people at a Pride parade in Wilton Manors, Florida, on Saturday. Photo: Jason Koerner/Getty Images

A driver in a pickup truck hit spectators at a Pride festival in Wilton Manors, Florida, killing a man and leaving another person hospitalized Saturday, authorities said.

Details: Fort Lauderdale Mayor Dean Trantalis told reporters police had "apprehended the driver" and that the vehicle missed a parade car carrying Rep. Debbie Wasserman Schultz (D-Fla.) "by inches."

Updated 6 hours ago - Sports

Uganda Olympic team member tests positive for COVID in Tokyo

The Uganda National boxing team's Catherine Nanziri (L) and others arrive for check-in at Entebbe international airport in Wakiso, Uganda on Friday, ahead of their departure to participate in the Tokyo Olympic Games. Photo: Badru Katumba/AFP via Getty Images

A Uganda Olympic team member tested positive for COVID-19 upon arrival in Japan late Saturday, officials said.

Why it matters: Japan's government has faced criticism for vowing to host the Tokyo Games next month as coronavirus cases rise. The Ugandan team is the second to arrive in Japan after the Australian women's softball players, and this is the first COVID-19 infection detected among the Olympic athletes, Al Jazeera notes.

Updated 10 hours ago - World

In photos: Brazilians rally against Bolsonaro as COVID deaths top 500,000

A June 19 protest in São Paulo, Brazil, against the administration of Brazilian President Jair Bolsonaro, who has railed against precautionary health measures despite the soaring COVID-19 death rate and cases. Photo: Rodrigo Paiva/Getty Images

Demonstrators took to the streets in at least 22 of Brazil’s 26 states to protest President Jair Bolsonaro's handling of the pandemic — as deaths from COVID-19 in the country surged past 500,000 Saturday, per AP.

The big picture: Brazil has the world's second-highest coronavirus death toll and third-highest number of reported cases. Only 12% of the country's population has been vaccinated against the virus, AP notes.