Current and former Trump administration officials told The Washington Post the federal government will seek a stay of enforcement if the ACA is struck down by a federal appeals court, which would effectively keep the ACA in place until replacement legislation can be passed.
A panel of judges in the Fifth Circuit Court of Appeals heard oral arguments in July to review a lower court's ruling that found the ACA unconstitutional. A decision is pending, but the losing side is expected to appeal, which could send the case to the Supreme Court. The administration is also expected to delay a potential Supreme Court hearing on the matter until after the 2020 election, The Washington Post reports.
If the law is struck down, a stay would help ensure continuity of health insurance coverage while Congress debates a replacement plan, according to the report. Republicans support a delay of a potential Supreme Court decision until after 2020 to limit its effects on the election.
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