By pausing the litigation, the court would give President-elect Donald Trump’s incoming administration time to decide whether it wants to defend the financing mechanism of the ACA subsidy program.
In lieu of federal subsidies, health insurance companies would be legally allowed to terminate their ACA health plans immediately, possibly affecting millions of Americans.
“In light of public statements by the president-elect and his campaign, there is at least a significant possibility of a meaningful change in policy in the new administration that could either obviate the need for resolution of this appeal or affect the nature and scope of the issues presented for review,” House representatives said in their request to the court.
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