On February 3, 2020, the U.S. Department of Justice (DOJ) filed a brief with the Supreme Court of the United States, arguing that the Court’s immediate review of Texas v. Azar is not necessary. In this brief, the DOJ requests that the court not review Texas v. Azar until the U.S. District Court for the Northern District of Texas issues another decision after the case was remanded to it by the U.S. Court of Appeals for the Fifth Circuit in December 2019. The DOJ argues that the Supreme Court should not interfere with the District Court’s review of the case because the lower court’s analysis of the severability and scope of relief issues will benefit the Supreme Court if the Court decides to hear the case in the future. Additionally, the DOJ argues that the U.S. House of Representatives and state attorneys general do not have standing to appeal the case to the Supreme Court. The DOJ urges the Supreme Court to allow the District Court to review the case so that the standing issues can be simplified or avoided.
Click here to review our complete summary of Texas v. Azar.