CHARLESTON, W.Va. — The U.S. Supreme Court is giving the Trump administration and a coalition of Republican-led states until Friday to respond to a brief filed in the ongoing legal challenge to the federal health care law.
The court’s request on Monday came after Democratic-controlled states and the House of Representatives filed briefs last week asking justices to review a December verdict by a federal appeals court.
The 5th Circuit Court of Appeals ruled 2-1 last month the law’s individual mandate is unconstitutional while also asking a federal district court that previously struck down the entire statute to determine what other provisions of former President Barack Obama’s landmark legislation may be unconstitutional.
Judge Reed O’Connor, who serves in the U.S. District Court for the Northern District of Texas, struck down “Obamacare” in December 2018.
While “Obamacare” remains in effect, Democratic-led states — with California Attorney General Xavier Becerra leading the charge — have stressed concerns regarding the law’s future because of the appeal court’s decision.
“Prolonged uncertainty about whether or to what extent important provisions of the ACA might be invalidated makes these choices more difficult, threatening adverse consequences for American families, healthcare markets, and the broader economy,” the Democratic states wrote.
The Democratic states also requested the Supreme Court to hear oral arguments and make a verdict before its term ends in late June.
West Virginia is among the 18 states challenging the health care law’s constitutionality with a focus on the individual mandate, which Congress zeroed out in the 2017 tax law.
Texas is leading the Republican states.
Responses from the Trump administration and the Republican-led coalition are due by Friday at 4 p.m.