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Protesters rally on March 23, 2016, in support of the Affordable Care Act’s contraceptive mandate. (Photo: Diego M. Radzinschi / ALM)

The Justice Department now believes the entire Affordable Care Act is unconstitutional, a reversal from its position this past summer when the government said changes to the individual mandate were unconstitutional but severable from the whole law.

A Justice Department filing Monday night said the government believes a district court judge’s ruling that the entire Obama-era health care law is unconstitutional should be affirmed. Main Justice has a long tradition of defending the constitutionality of federal laws, and, while there are exceptions, it’s rare for the department to refuse to defend federal statutes.

Nate Robson

Nate Robson is a Washington-based editor who co-heads the litigation desk for ALM Media. Contact him at nrobson@alm.com. On Twitter: @Nate_Robson1.

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