On January 21, 2020, the Supreme Court of the United States released an order, declining to expedite the review of Texas v. Azar. Expedited review was requested by a coalition of attorneys general on January 3, 2020 and opposed by the Solicitor General of the United States on January 10, 2020. If granted, the Court would have been required to render its opinion in June 2020, well before the 2020 election.
Despite declining to expedite its review, the Supreme Court will still need to determine whether to hear the case through the Court’s normal review process. If the Supreme Court agrees to review Texas v. Azar in the coming weeks, the case will likely be heard later this year, with a decision released in 2021. If the Supreme Court declines to review Texas v. Azar, the case will be sent back to the U.S. District Court for the Northern District of Texas to determine which provisions of the Patient Protection and Affordable Care Act (ACA) and its implementing regulations should be struck down. The parties in this case would likely appeal the lower court’s decision, which could result in the case working its way back up to the Supreme Court in the future.
Stay tuned for additional updates.