doctor and patient The U.S. Department of Justice argued in a July 3 letter brief the House lacks standing because lawmakers haven't claimed any personal injury (Photo: VGstockstudio/Shutterstock.com)

One question bound to come up during Tuesday's oral arguments in the legal challenge to Obamacare is whether the U.S. House of Representatives and 16 states can defend the law's constitutionality when the federal government will not.

The parties' arguments about standing have been streaming into the case because the U.S. Court of Appeals for the Fifth Circuit late last month ordered supplemental briefing and asked lawyers to address at oral argument how new case law impacts the interventions by the House and intervenor states. The Fifth Circuit also asked whether there's still a live case or controversy to decide on appeal.

Recommended For You

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Angela Morris

Angela Morris is ALM Media's Texas litigation reporter. She covers lawsuits in all levels of Texas state and federal courts. Based in Austin, Morris earned journalism and government degrees from the University of Texas at Austin in 2006, and since then, has worked primarily as a reporter and writer, but also has skills in videography, photography and podcasts. Follow her on Twitter at @AMorrisReports.