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 RecordClientLead AuthorsIssues
Charles FriedHealth Law ProfessorsMark Hall, Wendy Mariner, Abbe Gluck
Kevin OuttersonO’Neill, Payer, Miller & SaenzSeverability & Market definition for CC
Gupta, Moore, Bauer, ThideCC & N&P
Abigail MoncrieffWestfall, Sajor & SmitMedicaid expansion
Thomson, Mirabella, Wang & ArnoldBroccoli & activity/inactivity
Arnold & PorterEconomic ScholarsDavid CutlerUnique 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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