January 28, 2020 / 5:59 PM / 21 days ago

Trump Administration urges Supreme Court not to expedite Obamacare hearing

NEW YORK (Thomson Reuters Regulatory Intelligence) - The Trump administration has asked the U.S. Supreme Court to deny the Democrats’ request to expedite its review of a lower court’s decision on the validity of the Affordable Care Act{here}.

Illustration photo shows various medicine pills in their original packaging in Brussels, Belgium August 9, 2019.

Attorneys general in Democrat-led states had appealed to the Supreme Court to review a ruling of the Fifth Circuit Court of Appeals on Dec. 18 that one component of the ACA — the so-called “individual mandate” — was unconstitutional but sidestepped a decision on the validity of the entire law by sending it back to a federal judge in a lower court for further analysis.

Democrats have tried to reverse that decision by the appeals court as the lower-court judge, Justice Reed O’ Connor of the Northern Disctric of Texas, has previously ruled the entire law unconstitutional.

Attorneys general in 20 states and the District of Columbia asked the Supreme Court to expedite its decision on the matter, citing the impact of the decision on the health care of millions of Americans and the health insurance market, at large.

The Trump administration, however, argued in its filing last week that the appeals court’s decision has no “imminent consequences,” as the individual mandate it ruled unconstitutional was already repealed as part of the tax overhaul in 2017 in which the tax penalty associated with it was removed.

“Neither the court of appeals’ decision nor the district court’s underlying judgment presents any current exigency that warrants accelerated interlocutory review,” said Noel J Francisco, Solicitor General of the U.S. Department of Justice said in a filing.

An expedited verdict by the Supreme court, absent the additional analysis as directed by the appeals court would be “premature” and “far from being urgently needed,” he argued.

Attorneys General in 11 Republican states led by Texas also asked the Supreme Court to deny the Democrats petition{here}. "If this were really an emergency, petitioners would not have waited 16 days to bring it to this Court’s attention… Instead, they waited almost two-and-a-half weeks, and now claim a crisis," they wrote in a filing to the Supreme Court.

*To read more by the Thomson Reuters Regulatory Intelligence team click here: bit.ly/TR-RegIntel

(By Antonita Madonna in New York, Regulatory Intelligence; twitter.com/MadonnaDevotta)

This article was produced by Thomson Reuters Regulatory Intelligence - bit.ly/TR-RegIntel - and initially posted on Jan. 23. Regulatory Intelligence provides a single source for regulatory news, analysis, rules and developments, with global coverage of more than 400 regulators and exchanges. Follow Regulatory Intelligence compliance news on Twitter: @thomsonreuters

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