The 5th U.S. Circuit Court of Appeals originally set a deadline of today for the filing of supplemental briefs on the question of whether Blue State attorneys general (AGs) and the House of Representatives have standing in the case of the constitutionality of the Affordable Care Act (ACA, or Obamacare), and surprisingly, Red State AGs requested a 20-day extension, which was denied.
Instead, the court gave all parties a two-day extension until 5 p.m. this Friday.
Blue State AGs pressed for the oral arguments to take place as scheduled because a delay would contribute to uncertainty in health care availability, especially as insurance companies struggle to meet upcoming deadlines on rates for 2020 policies.
As a result of the court’s decision, the hearing should take place as scheduled on July 9 in New Orleans.
By way of background, on June 26 the appeals court, noting that the federal government had changed its position and now agreed completely with Judge Reed O’Connor’s June 26 ruling that the ACA is unconstitutional, asked whether this change of position “has mooted the controversy and no other defendant has standing to appeal.”
The court gave all parties seven days to present briefs on whether the Blue State AGs and the House of Representatives had legal standing in the case.