The 5th U.S. Circuit Court of Appeals returned a closely watched case on Obamacare back to the lower courts, declaring the law unconstitutional but in need of further analysis.
The decision means that Obamacare’s future is unlikely to be resolved before the 2020 elections. Had the judges not returned the case to the lower courts, it likely would have been appealed to the Supreme Court and faced a decision just ahead of Election Day.
The suit in the case, Texas v. Azar, was originally brought by Republican state officials, but it had the support of the Trump administration. Democrats have used the case as ammunition that Trump is