Such a highly abbreviated timeline gives the court the option to take up the case during its current term, just as the presidential campaign heats up.
The states said that ruling"created uncertainty about the future of the entire Affordable Care Act, and that uncertainty threatens adverse consequences for our nation's health care system, including for patients, doctors, insurers, and state and local governments."
They asked the court to take the case and hear it on April 26, the last scheduled day for oral argument, or to add an extra argument day in May, something the court rarely does. The law was challenged by Texas and 17 other red states. They argued that the individual mandate, which requires all Americans to buy insurance or pay a penalty on their income tax, was unconstitutional. By a 2-1 vote, the 5th Circuit Court of Appeals in New Orleans agreed.
The Supreme Court ordered the red states and the Trump administration, which joined them in challenging the law, to file their response to the proposed appeal by 4 p.m. Friday. Under normal practice, any case not granted by mid-January will not be heard during the court's current term.Pete Williams is an NBC News correspondent who covers the Justice Department and the Supreme Court, based in Washington.
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