The state of Texas on Monday argued that the U.S. Supreme Court should not take up the Affordable Care Act case, because it said the appeal is not yet ripe.

The state argued in its brief in opposition that the appeal by a coalition of Democratic states and the U.S. House of Representatives came too early, because a Texas district court hasn’t had the chance to rule whether the entire law, nicknamed Obamacare, is unconstitutional.

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