The U.S. Supreme Court should pass on deciding whether a crucial part of the Affordable Care Act is unconstitutional and the rest of the law can survive without it until a lower court can further sort out the details, the Justice Department and a group of Republican-led states argued.
“Immediate review is unwarranted in the case’s present posture because the court of appeals did not definitively resolve any question of practical consequence,” a brief filed Monday by Solicitor General Noel J. Francisco said.
The U.S. Court of Appeals for the Fifth Circuit left the fate of the Affordable Care Act ...
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