Thirty-eight states signed a legal brief backing the State of Maryland in the case.

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Mr Obama signed off on the brief, written for the administration by Solicitor General Donald Verrilli - the man who argued the case for the Mr Obama's healthcare reform act before the Supreme Court in 2012.

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But we expect the brief to say the following: reiterate -- number one, reiterating that the courts should not decide the case or the constitutional question, due to the pending repeal, which should be effective in a matter of months.

WHITEHOUSE: Press Briefing