Government attorneys are arguing that the U.S. House of Representatives and 20 Democratic-leaning states have no right to appeal a federal judge’s decision that struck down President Barack Obama’s health care law.
But in a brief filed Wednesday in the 5th U.S. Circuit Court of Appeals, the U.S. Justice Department attorneys also indicated they want a court to resolve the issue. They said the appeal should not be dismissed as moot, even though the Trump administration opposes the law and has abandoned any defense of it.
The brief says the administration will keep enforcing “Obamacare” until a final court ruling on its constitutionality. Because the government is still enforcing it they say a “live controversy” remains for the court to resolve.
The appeals court hears arguments in the case Tuesday.
