• Amicus briefs on the ACA

    UPDATE – the comments remind me to not assume you are lawyers. Translation below.

    Expect a tidal wave of amicus briefs for and against health reform. If you are participating in an amicus brief supporting the ACA, please let us know by email or in the comments and I’ll update this chart. Some groups may hold telephone conferences as the filing deadline approaches to discuss legal strategies.

    Counsel of Record Client Lead Authors Issues
    Charles Fried Health Law Professors Mark Hall, Wendy Mariner, Abbe Gluck
    Kevin Outterson O’Neill, Payer, Miller & Saenz Severability & Market definition for CC
    Gupta, Moore, Bauer, Thide CC & N&P
    Abigail Moncrieff Westfall, Sajor & Smit Medicaid expansion
    Thomson, Mirabella, Wang & Arnold Broccoli & activity/inactivity
    Arnold & Porter Economic Scholars David Cutler Unique economics of the health care industry; effect of forgoing health insurance on interstate commerce

    Amicus = latin for “friend,” a “friend of the court” brief making arguments filed by someone not a litigant. In most cases, you need permission to file an amicus brief, but in this case, a blanket permission will probably be granted to everyone. Anyone can file an amicus brief, as long as you have an attorney who is admitted to the US Supreme Court (the Counsel of Record); comply with the arcane rules concerning the size, shape, format and color of the brief; and pay the filing fees.

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