January 09, 2020

U.S. House of Representatives and Several States Ask Supreme Court for Expedited Review in Texas v. United States

On January 3, several States and the U.S. House of Representatives petitioned the U.S. Supreme Court for expedited review of the opinion of the U.S. Court of Appeals for the Fifth Circuit, issued December 18, which struck down the ACA’s individual shared responsibility provision and remanded the severability issue to the lower court. Healthcare Dive reports that the Supreme Court set a January 10 deadline for Respondents to counter the motion to expedite the case. California, the lead member of the petitioning states, has requested that the Court calendar the case for oral argument this Spring, so that a decision may be issued before the end of the current term. This scheduling order allows the Supreme Court to consider the motion to expedite at its Friday, January 17, conference. Approval of the motion would require the support of at least five justices.