h/t to ACA Litigation Blog and SCOTUS Blog
More than 150 briefs have been filed, the last ones are due next Tuesday. Oral arguments are March 26-28 on four issues:
1. Anti-Injunction Act issue, the Court-appointed amicus curiae is allotted 40 minutes, the Solicitor General is allotted 30 minutes, and the respondents are allotted 20 minutes.
2. Minimum Coverage Provision issue, the Solicitor General is allotted 60 minutes, respondents Florida, et al. are allotted 30 minutes, and respondents National Federation of Independent Business, et al. are allotted 30 minutes.
3. Severability issue, the petitioners (Red States) are allotted 30 minutes, the Solicitor General is allotted 30 minutes, and the Court-appointed amicus curia is allotted 30 minutes.
4. Medicaid issue, the petitioners (Red States) are allotted 30 minutes, and the Solicitor General is allotted 30 minutes.
I’ve listed the briefs by issue and side below the fold. Some analysis will follow in a later post.
a. AIA
Merits
The Solicitor General’s Reply Brief for Petitioners (Anti-Injunction Act)
Reply Brief for the State Respondents on the Anti-Injunction Act
Reply Brief for Private Respondents on the Anti-Injunction Act
The Solicitor General’s Brief for Petitioners (Anti-Injunction Act)
State Respondents Brief on the Anti-Injunction Act
Amicus
Court-appointed amicus briefs
Brief for Court-Appointed Amicus Curiae Supporting Vacatur (Anti-Injunction Act)
Court-Appointed Amicus Reply Brief due March 12, 2012
Amicus curiae briefs supporting petitioners or respondents on the Anti-Injunction Act:
Brief of Amicus Curiae Cato Institute Supporting Respondent (Anti-Injunction Act Issue)
Brief Of Amici Liberty University, Inc., Michele Waddell and Joanne Merrill in Support of the Petitioners and Respondents on the Anti-Injunction Act
Amicus Curiae Brief of the American Center for Law & Justice in Support of Respondents Regarding the Anti-Injunction Ace Issue and Urging Affirmance in Part, Reversal in Part
Brief of State Chambers of Commerce and Related Organizations as Amici Curiae in Support of the Respondents on the Anti-Injunction Act
Briefs in support neither party, urging vacatur on the Anti-Injunction Act issue:
Brief for Amici Curiae Tax Law Professors Supporting Vacatur (Anti-Inunction Act)
Brief for Amici Curiae Mortimer Caplin and Sheldon Cohen Urging Vacatur on the Anti-Injunction Act Issue in Support of Neither Side
b. MCP
Merits
Solicitor General’s Reply Brief for Petitioners (Minimum Coverage Provision)
States Brief for Respondents (Minimum Coverage Provision)
Private Respondents Brief (Minimum Coverage Provision)
The USG Brief for Petitioners in HHS v. Florida (Minimum Coverage Provision)
Amicus
Amicus curiae briefs supporting Petitioners (USG) on the minimum coverage provision:
Brief of Health Care for All, Inc., Health Law Advocates, Inc., the Massachusetts Hospital Association, Inc., the Massachusetts League of Community Health Centers, Inc., Greater Boston Interfaith Organization, Inc., and Community Catalyst, Inc. as Amici Curiae in Support of Petitioners Urging Reversal on the Minimum Coverage Provision Issue
Brief of Health Care Policy History Scholars as Amici Curiae in Support of Petitioners (Minimum Coverage Provision)
Brief of Amici Curiae Jewish Alliance for Law & Social Action (JALSA), Jewish Council on Urban Affairs (JCUA), Jewish Social Policy Action Network (JSPAN), New England Jewish Labor Committee (JLC), and Professor Abigail R. Moncrieff in Support of Petitioners on the Individual Liberty Implications of the Minimum Coverage Provision
Brief Amici Curiae of Prescription Policy Choices, Professors of Law, and Professors of Health Policy in Support of Petitioners on the Minimum Coverage Provision
Brief Amici Curiae of State Legislators from All Fifty States, the District of Columbia, and Puerto Rico Supporting Petitioners (Minimum Coverage Provision)
Brief for Amici Curiae American Nurses Association; American Academy of Pediatrics; American Medical Student Association; Doctors for America; National Hispanic Medical Association; and the National Physicians Alliance in Support of Petitioners and Reversal on the Minimum Coverage Provision
Brief of 104 Health Law Professors as Amici Curiae in Support of Petitioners (Minimum Coverage Provision)
Brief of Amicus Curiae the California Endowment in Support of Petitioners and in Favor of Reversal on the Minimum Coverage Provision
Brief of Senate Majority Leader Harry Reid, House Democratic Leader Nancy Pelosi, and Congressional Leaders and Leaders of Committees of Relevant Jurisdiction as Amici Curiae in Support of Petitioners (Minimum Coverage Provision)
Brief of Amici Curiae the American Cancer Society, American Cancer Society Cancer Action Network, American Diabetes Association, and American Heart Association, Supporting Petitioners Urging Reversal on the Minimum Coverage Provision Issue
Brief on Behalf of Small Business Majority Foundation, Inc. (“SBM”) and the Main Street Alliance (“MSA”) as Amici Curiae in Support of Petitioners (Minimum Coverage Provision)
Brief of the National Women’s Law Center, et al. as Amicus Curiae in Support of Petitioner on the Minimum Coverage Provision
Brief of Young Invincibles as Amicus Curiae in Support of Petitioner
Brief for the American Hospital Association et al. as Amici Curiae in Support of Petitioners with Respect to the Individual Mandate
Brief of Service Employees International Union and Change To Win as Amici Curiae Addressing the Minimum Coverage Provision Issue and Supporting Petitioners and Reversal
Brief of the States of Maryland, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, New Mexico, New York, Oreogon, and Vermont, the District of Columbia, and the Virgin Islands as Amici Curiae in Support of Petitioners (Addressing Minimum-Coverage Provision)
Brief of Amicus Curiae, Commonwealth of Massachusetts (Supporting Petitioners and Addressing Whether Enacting Minimum Coverage Provision of ACA Authorized by Article I)
Amicus Brief of the Governor of Washington Christine Gregoire in Support of Petitioners (Minimum Coverage Provision)
Brief of Child Advocacy Organizations as Amici Curiae in support of Petitioners on the Minimum Coverage Provision Question
Brief of Amicus Curiae Blue Cross and Blue Shield of Massachusetts, Inc., in Support of Petitioners (Minimum Coverage Provision)
Brief of the American Association of People with Disabilities, the Arc of the United States, Breast Cancer Action, Families USA, Friends of Cancer Research, March of Dimes Foundation, National Breast Cancer Coalition, National Coalition for Cancer Survivorship, National Health Law Program, National Organization for Rare Diseases, National Senior Citizens Law Center, National Women’s Health Network, the Ovarian Cancer National Alliance, and Voices for America’s Children as Amicus Curiae in Support of Petitioners
Brief of Constitutional Law Scholars as Amici Curiae in Support of Petitioners (Minimum Coverage Provision)
Brief for LAMBDA Legal Defense and Education Fund, Inc., AIDS United, Asian & Pacific-Islander Coalition on HIV/AIDS, Black AIDS Institute, Center for HIV Law and Policy, Gay & Lesbian Advocates & Defenders, Gay & Lesbian Medical Association, HIV Medicine Association, HIV Prevention Justice Alliance, Latino Commission on AIDS, National Association of People with AIDS, National Center for Lesbian Rights, National Center for Transgender Equality, National Native American AIDS Prevention Center, U.S. P:ositive Women’s Netword/World, and Treatment Access Expansion Project, as Amici Curiae in Support of Petitioner on the Minimum Coverage Requirement Issue
Brief of Constitutional Law and Economics Professors as Amici Curiae in Support of Petitioners (Minimum Coverage Provision)
Brief of Amici Curiae Economic Scholars in Support of Petitioners Urging Reversal on the Minimum Coverage Issue
Brief of Amici Curiae NAACP Legal Defense & Educational Fund, Inc., American Civil Liberties Union, and the Leadership Conference on Civil and Human Rights in Support of Petitioners (Minimum Coverage Provision)
Brief Amici Curiae of David R. Riemer and Community Advocates in Support of Petitioners on the Minimum Coverage Question
Brief of Amicus Curiae Advocacy for Patients with Chronic Illness, Inc. in Support of Petitioners
Brief for Amicus Curiae California Public Employees’ Retirement System in Support of Petitioner, Department of Health and Human Services (Minimum Coverage Provision)
Brief of Law Professors Barry Friedman, Matthew Adler, et al., as Amici Curiaein Support of Petitioners and Reversal on the Minimum-Coverage Provision Issue
Amicus curiae briefs supporting respondents (Red States) on the minimum coverage provision:
Brief Amicus Curiae of Senator Rand Paul Addressing the Minimum Coverage Provision Issue in Support of Respondents, Urging Affirmance
Brief of Amicus Curiae Landmark Legal Foundation in Support of Respondents on the Individual Mandate (Minimum Coverage)
Brief of Amici Curiae Cato Institute, Competitive Enterprise Institute, Pacific Legal Foundation, 14 Other Organizations, and 333 State Legislators Supporting Respondents (Individual Mandate Issue)
Brief of Amici Curiae American College of Pediatricians, Christian Medical & Dental Associations, American Association of Pro-Life Obstetricians & Gynecologists, Catholic Medical Association, Physicians for Life, National Association of Pro Life Nurses, and Medical Students for Life of America in Support of Respondents and Affirmance on the Individual Mandate Issue (Minimum Coverage Provision)
Brief of the Tax Foundation as Amicus Curiae in Support of Respondents (Minimum Coverage Provision)
Brief of Amici Liberty University, Inc., Michele Waddell and Joanne Merrill in Support of the Respondents on the Minimum Coverage Provision
Amici Curiae Brief of the American Center for Law and Justice, 119 Members of the United States Congress, and More Than 144,000 Supporters of the ACLJ in Support of Respondents and Urging Affirmance on the Minimum Coverage Provision, Otherwise Known as the Individual Mandate, Issue
Brief of the Washington Legal Foundation and Constitutional Law Scholars as Amici Curiae in Support of Respondents
Brief of Center for Constitutional Jurisprudence, Judicial Education Project, Reason Foundation, the Individual Rights Foundation, the Heritage Foundation, Ending Spending, Inc., and Former Senators George Lemieux and Hank Brown as Amici Curiae in Support of Respondents (Minimum Coverage Provision Issue)
Brief Amicus Curiae of the Independent Women’s Forum in Support of Respondents (Individual Mandate)
Brief of Amicus Curiae Employer Solutions Staffing Group in Support of Respondents on the Minimum Coverage Question
Argument on Behalf of Amicus Curiae, Citizens’ Council for Health Freedom, Supporting the Respondents, and Addressing the Minimum Coverage Provision Issue
Brief of Speaker of the House John Boehner as Amicus Curiae in Support of Respondents on the Minimum Coverage Provision Issue
Brief for Docs4PatientCare, Benjamin Rush Society, Pacific Research Institute, Galen Institute, and Angel Raich as Amici Curiae on the Minimum Coverage Provision Issue in Support of Respondents
Brief of Members of the United States Senate as Amici Curiae in Support of Respondents on the Minimum Coverage Provision Issue
Brief of Amicus Curiae Institute for Justice in Support of Respondents (Minimum Coverage Provision)
Brief of Montana Shooting Sports Ass’n as Amicus Curiae in Support of Respondents (Minimum Coverage)
Brief of Association of American Physicians and Surgeons, Inc., and Individual Physicians as Amici Curiae in Support of Respondents (Individual Mandate Issue)
Brief of Judicial Watch, Inc., as Amicus Curiae in Support of Respondents on the Minimum Coverage Provision
Brief for Amici Curiae Economists in Support of Respondents Regarding Individual Mandate
Brief on Behalf of Single Payer Action, It’s Our Economy, and Fifty Medical Doctors Who Support Single Payer as Amici Curiae in Support of Respondents (Minimum Coverage Provision)
Brief Amici Curiae of Project Liberty, in Support of the Respondents on the Individual Mandate
Brief Amicus Curiae of the Commonwealth of Virginia ex rel. Attorney General Kenneth T. Cuccinelli, II, in Support of Appellees on the Issue of the Unconstitutionality of the Mandate and Penalty in which Governor Robert F. McDonnell and the Republican Governors Public Policy Committee Join
Brief of the Rutherford Institute as Amicus Curiae in Support of Respondents on the Minimum Coverage Provision Issue
Brief of Amicus Curiae Texas Public Policy Foundation Supporting Respondents on the Individual Mandate
Amicus Curiae Brief of Mountain States Legal Foundation in Support of Respondents (Minimum Coverage Provision)
Brief Amicus Curiae of Virginia Delegate Bob Marshall, Virginia Senator Dick Black, Oklahoma Representative Charles Key, Institute on the Constitution, U.S. Justice Foundation, Gun Owners Foundation, The Lincoln Institute for Research and Education, The United States Constitutional Rights Legal Defense Fund, Inc., Conservative Legal Defense and Education Fund, Policy Analysis Center, Downsize DC Foundation, Gun Owners of America, Inc., The Liberty Committee, Public Advocate of the United States, American Life League, Inc., and DownsizeDC.org in Support of Respondents (Minimum Coverage Provision)
Brief of Amici Curiae Catholic Vote and Steven J. Willis in Support of Respondents and Urging Affirmance on the Minimum Coverage Provision
Brief of the American Legislative Exchange Council as Amicus Curiae in Support of Respondents (Minimum Coverage Provision)
Brief of Authors of The Origins of the Necessary and Proper Clause (Gary Lawson, Robert G. Natelson and Guy Seidman) and the Independence Institute as Amici Curiae in Support of Respondents (Minimum Coverage Provision)
Brief of Amicus Curiae Partnership for America in Support of Respondents for America in Support of Respondents on the Minimum Coverage Provision Issue
Amicus Brief on Behalf of Citizens and Legislators in the Fourteen Health Care Freedom States in Support of Respondents (Minimum Coverage Provision)
Brief of the Missouri Attorney General as Amicus Curiae in Support of respondents Regarding the Unconstitutionality of the of the Minimum Coverage Provision
Brief of Amicus Curiae Caesar Rodney Institute in Support of Respondents (Minimum Coverage Provision)
Brief of the State of Oklahoma as Amicus Curiae in Support of Respondents (Addressing Minimum-Coverage Provision)
Brief of Thomas More Law Center, Jann Demars, John Ceci, Steven Hyder, and Salina Hyder as Amici Curiae in Support of Respondents (Minimum Coverage Provision)
Brief of Amicus Curiae Egon Mittelmann, Esq. in Support of Respondents Mary Brown and Kaj Ahlburg on the Minimum Coverage Provision Issue, Supporting the Trial Court and Court of Appeals Decisions
Brief of Amicus Curiae Foundation for Moral Law, in Support of Respondents, Addressing Minimum Coverage Provision
Brief of Liberty Legal Foundation as Amicus Curiae in Support of Respondents (Minimum Coverage Provision)
Brief of Amicus Curiae Stephen M. Trattner in Support of Respondents (Minimum Coverage Provision)
Brief on Behalf of the 1851 Center for Constitutional Law as Amicus Curiae in support of Respondents (Minimum Coverage Provision)
Brief of Former U.S. Department of Justice Officials as Amici Curiae in Support of Respondents (Minimum Coverage Provision)
Amici Curiae Brief of the American Civil Rights Union, the Social Security Institute and the 10th Amendment Foundation, Inc. in Support of Respondents on Minimum Coverage
Brief of Amicus Curiae American Catholic Lawyers Association, Inc., in Support of Respondents (Minimum Coverage Provision)
Brief Amici Curiae of HSA Coalition, Inc. and the Constitution Defense Fund, a Project of Freedomworks Foundation in Support of Respondents (Minimum Coverage Provision)
Brief on the minimum coverage provision supporting neither party:
Brief for the Health Foundation of Greater Cincinnati as Amicus Curiae in Support of Neither Party (Minimum Coverage Issue)
c. Severability
Merits
Solicitor Generals Brief for Respondents (Severability)
The Brief for State Petitioners (Severability)
The Brief for Private Petitioners (Severability)
Reply Briefs for all parties are due on March 13, 2012.
Amicus
Court-appointed
Court-appointed amicus curiae H. Bartow Farr, III on the severability issue in Nos. 11-393 and 11-400 (defending the Eleventh Circuit’s judgment that the minimum coverage provision is completely severable)
Amicus briefs supporting the Court-appointed amicus
Brief for Asian & Pacific Islander American Health Forum, et al.
Brief for David R. Riemer and Community Advocates
Brief for the Washington and Lee University School of Law Black Lung Clinic
Brief for the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations
Amicus briefs supporting Petitioners (States) on Severability
American Civil Rights Union Amicus Curiae Brief in Support of Petitioners on Severability
Brief of Amici Curiae Competitive Enterprise Institute, Thomas P. Miller, Joseph R. Antos, Christopher J. Conover, Earl L. Grinols, Michael A. Morrisey, Thomas J. Philipson, Scott E. Harrington, James C. Capretta, Robert Kaestner, and James W. Henderson in Support of Petitioners (Severability Issue)
Brief for Amici Curiae Economists in Support of Petitioners Regarding Severability
Brief of Justice and Freedom Fund as Amici Curiae in Support of Petitioners (Severability)
Brief of Amicus Curiae National Restaurant Association in Support of Petitioners (Severability)
Brief Amicus Curiae of Western Center of Journalism Supporting Petitioners on Severability
Brief of the Chamber of Commerce of the United States of America as Amicus Curiae in Support of Reversal as to the Severability Issue
Brief of the Family Research Council and 27 Members of the U.S. House of Representatives as Amici Curiae in Support of Petitioners and Reversal on the Issue of Severability Issue
Brief of America’s Health Insurance Plans and the Blue Cross Blue Shield Association as Amici Curiae in support of Reversal of the Court of Appeals’ Severability Judgment
Brief of Amici Curiae Texas Public Policy Foundation and CATO Institute Supporting Petitioners on Severability
Brief for the American Center for Law and Justice et al.
Brief for Members of the United States Senate
Amicus briefs supporting Respondents (USG) on Severability
Brief for the American Academy of Actuaries as Amicus Curiae Supporting Respondents on the Severability Issue
Brief for the States of California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, New Mexico, New York, Oregon, and Vermont, the District of Columbia, and the Governor of Washington as Amici Curiae in Support of Respondents on Severability
Brief of Amici Curiae AARP, Center for Medicare Advocacy, Inc., Medicare Rights Center, National Committee to Preserve Social Security and Medicare, National Council on Aging, and National Senior Citizens Law Center in Support of Respondents on Severability
Brief of Amici Curiae of the National Indian Health Board, et al., in Support of Respondent United States on Severability Issue
Brief for Amici Curiae American Medical Student Association; Doctors for America; National Hispanic Medical Association; National Medical Association; National Physicians Alliance; and Society of General Internal Medicine in Support of the United States on Severability
Brief for the American Benefits Council as Amicus Curiae in Support of Partial Reversal on Severability
Brief of the American Public Health Association, American Academy of Pediatrics, American Lung Association, American School Health Association, Association of Schools and Public Health, National Association of County and City Health Officials, National Association of Local Boards of Health, National Health Law Program, Public Health Law Association, Public Health Law Center and Public Health Law and Policy as Amici Curiae in Support of Respondents Regarding Severability
Brief for the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations
Brief for the Missouri Attorney General
Amicus briefs supporting neither side on Severability
Brief for the American Hospital Association et al. as Amici Curiae in Support of Neither Party on Severability
d. Medicaid
Merits
USG Respondents Brief (Medicaid)
States Petitioners Brief (Medicaid)
States Reply Brief (Medicaid) is due March 12, 2012
Amicus
Amicus briefs supporting State Petitioners on Medicaid
Brief of Amici Curiae Center for Constitutional Jurisprudence, Pacific Legal Foundation, CATO Institute, Congressman Denny Rehberg and Dr. Jeff Colyer in Support of Petitioners (Medicaid Spending/Coercion Issue)
Brief of Association of American Physicians and Surgeons and Individual Physicians as Amici Curiae in Support of Petitioners (Medicaid Issue)
Brief for Amici Curiae Economists in Support of State Petitioners Regarding Medicaid Expansion
Brief of James F. Blumstein, as Amicus Curiae in Support of Petitioners (Medicaid Issue)
Brief of Amici Curiae Texas Public Policy Foundation and 36 Texas State Legislators Supporting Petitioners on Medicaid
Brief of the Independence Institute as Amicus Curiae in Support of Petitioners (Medicaid Mandate)
Brief of Amici Curiae Indiana State Legislators, the James Madison Institute, and Christopher Conover in Support of Petitioners (Medicaid Issue)
Brief for Association of American Physicians and Surgeons and Individual Physicians
Amicus briefs supporting USG Respondents on Medicaid
Brief for the American Hospital Association et al. as Amici Curiae in Support of Respondents with Respect to Medicaid
Brief of Amicus Curiae the Disability Rights Legal Center in Support of Respondents and in Favor of Affirming the Constitutionality of the Medicaid Expansion Provisions of the Affordable Care Act
Brief of National Health Law Program, American Academy of Pediatrics, Association for Community Affiliated Plans, Easter Seals, Inc., National Association of County and City Health Officials, National Association of Local Boards of Health, National Council on Aging as Amicus Curiae in Support of Respondents (Suggesting Affirmance on the Medicaid Question)
Brief of the States of Oregon, Vermont, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, and New York, and the Governor of Washington as Amici Curiae in Support of Respondents (Addressing Medicaid Expansion)
Brief Amici Curiae of State Legislators from the Fifty States, the District of Columbia, and Puerto Rico Supporting Respondents (Medicaid)
Brief of David Satcher, M.D., Ph. D.; Alliance for Children and Families; American Association of People with Disabilities; American Association of University Women; Child Welfare League of America; Children’s Defense Fund; the Education Trust; League of Women Voters; Methodist Healthcare Ministries; National Association of Girls and Women in Sport; National Council for Community Behavioral Healthcare; National Council on Independent Living; National Foster Parent Association; National Organization of State Associations for Children; North American Council on Adoptable Children; Paralyzed Veterans of America; Vet to Vet; Volunteers of America; Women’s Sports Foundation; YWCA USA; and 59 Other Organizations as Amici Curiae in Support of Respondents
Brief of Amici Curiae Health Law and Policy Scholars and Prescription Policy Choices in Support of Respondents on the Constitutional Validity of the Medicaid Expansion
Brief of Services Employees International Union and Change to Win as Amici Curiae Supporting Respondents and Suggesting Affirmance on the Medicaid Issue
Brief of Senate Majority Leader Harry Reid, House Democratic Leader Nancy Pelosi, and Congressional Leaders and Leaders of Committees of Relevant Jurisdiction as Amici Curiae in Support of Respondents (Medicaid)
Brief for National Minority AIDS Council; AMFAR, the Foundation for AIDS Research; HIV Medicine Association; National Alliance of State and Territorial AIDS Directors; and Treatment Access Expansion Project as Amici Curiae Supporting Respondents (Medicaid)
Brief of Amici Curiae Submitted on Behalf of Faithful Reform in Health Care and the WISC Health Care Working Group in Support of Respondent’s Position on Medicaid
Brief of Amici Curiae the Leadership Conference on Civil and Human Rights, Asian American Legal Defense and Education Fund, National AIDS Housing Coalition, National Economic and Social Rights Initiative, National Health Care for the Homeless Council, National Law Center on Homelessness and Poverty, Poverty and Race Research Action Council, Urban Justice Center and Wild for Human Rights in Support of Respondents Regarding Medicaid Expansion
Brief for David R. Riemer and Community Advocates (Respondents- Medicaid)
