U.S. Supreme Court building in Washington, D.C., on Dec. 4, 2019. Photo: Diego M. Radzinschi/ALM
The state of Texas on Monday argued that the U.S. Supreme Court should not take up the Affordable Care Act case, because it said the appeal is not yet ripe.
The state argued in its brief in opposition that the appeal by a coalition of Democratic states and the U.S. House of Representatives came too early, because a Texas district court hasn't had the chance to rule whether the entire law, nicknamed Obamacare, is unconstitutional.
"Where, as here, a court of appeals resolves the merits of an appeal but not the remedy, and remands to the district court to enter an appropriate remedial order, this court's practice is to deny review," the motion said. "This court should not allow petitioners to leapfrog lower-court consideration."
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Angela Morris
Angela Morris is ALM Media's Texas litigation reporter. She covers lawsuits in all levels of Texas state and federal courts. Based in Austin, Morris earned journalism and government degrees from the University of Texas at Austin in 2006, and since then, has worked primarily as a reporter and writer, but also has skills in videography, photography and podcasts. Follow her on Twitter at @AMorrisReports.
