Texas seeks to delay next week’s Affordable Care Act arguments

Lawyers for Texas and 19 other states seeking to overturn the Affordable Care Act have asked a federal appeals court to postpone next week's oral arguments in the case.

The Republican attorneys general, including Ken Paxton of Texas, said they need more time to research and respond to questions -- recently raised by the 5th U.S. Circuit Court of Appeals' three-judge panel -- that could end the appeal with a victory for opponents of the law.

With that response due Wednesday, Texas Solicitor General Kyle Hawkins, the top appellate lawyer in Paxton's agency, asked for 20 additional days to submit the brief, with oral arguments to be reset for sometime afterward.

The delay is opposed by Democratic-led states and the U.S. House that are fighting to preserve the Affordable Care Act after a federal judge in Texas -- at Paxton's urging -- ruled in 2018 that the law was unconstitutional.

The law, sometimes known as Obamacare, remains in effect during the appeal.

"Allowing this appeal to proceed on its current schedule will provide some measure of certainty about the ACA's future to states, the health care system -- including providers and insurers -- and ordinary Americans, and allow them to structure their affairs accordingly," the lawyers told the court.

Although the U.S. Department of Justice will argue in favor of striking down the law, its lawyers oppose delaying oral argument in the case, although the agency would agree to postpone filing the requested brief until a day before Tuesday's arguments, Hawkins told the court.

Earlier, the Justice Department asked to expedite the case, and the appeals court agreed, setting a July date to hear the matter.

Last Wednesday, the appeals court raised several late questions and gave lawyers on both sides one week to answer them:

• Do the Democratic-run states and the U.S. House have standing to appeal the ruling that struck down the Affordable Care Act, and did the House act in time to intervene?

• If the parties lack standing, is there a "live case or controversy" for the court to pursue?

• What would be the "appropriate conclusion" to the case if nobody has standing to appeal?

"The attorneys should also be prepared to address these questions at oral argument," the court said.

Supporters of the law viewed the request with alarm, noting that the lower-court ruling would stand if the appeal is tossed out on procedural grounds.

In the request for a delay filed late Monday, Hawkins told the court that it was unlikely the states could have their answers completed in time.

"These important and potentially dispositive questions merit a thorough response that represents the cohesive views of (the) states and their respective attorneys general," he wrote.

This is a developing story.

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