Facing an appeals hearing on an Obamacare lawsuit brought by House Republicans, President Donald Trump’s administration has asked a U.S. Court of Appeals for another 90 days to resolve the legal issue with regard to the so-called cost-sharing reduction payments mandated by the Patient Protection and Affordable Care Act (PPACA).

The Department of Justice and House Republicans made the joint request as they “continue to discuss measures that would obviate the need for judicial determination of this appeal, including potential legislative action,” such as the GOP’s PPACA replacement plan, known as the American Health Care Act (AHCA), according to a Bloomberg report.

The lawsuit contends that the House of Representatives, where according to the Constitution all spending measures must originate, never authorized the subsidy payments designed to make health insurance more affordable for low-income consumers. A federal judge agreed with the Republicans, and now the issue is before an appeals court.