Appeals court denies states' request in Texas v. Azar to delay hearing set for July 9

3D render of a court gavel next to a plaque that says "Obamacare"
An appeals court won't move the date of its hearing on a lawsuit seeking to get rid of the Affordable Care Act. (Getty Images/kagenmi)

The Fifth Circuit Court of Appeals has denied a request from 18 states to delay a key hearing on the states’ lawsuit to invalidate the Affordable Care Act.

The court ruled on Tuesday that the hearing scheduled for July 9 in New Orleans will continue. The appellate court is hearing an appeal to an earlier ruling that the ACA is unconstitutional. 

A collection of 18 states and the Trump administration filed the lawsuit charging that the ACA is unconstitutional because the individual mandate penalty was zeroed out in tax reform.

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The Trump administration supports the lawsuit, while 17 attorneys general and the District of Columbia are opposing it.

RELATED: The final fate of the ACA is years away, legal analysts say. But it could get messy in the meantime

The Fifth Circuit did not give a reason on why it will not delay the hearing. However, it will give both parties an extension until July 23 to file supplemental briefs in the case.

A federal judge in Texas sided with the red states in December 2018 that the law was unconstitutional, a decision immediately appealed to the Fifth Circuit.

The ACA remains in effect while the lawsuit makes its way through the federal courts.

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