• 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.

    • good teachable moment for TIE:

      1) What purpose do they serve and who actually reads them?
      2) Does the source matter. By that i mean, author and the juice they bring?
      3) do you need an invitation, or can I throw back a six pack and fire up my word processor?

      thanks, and any other tidbits you wish to throw in would be helpful.


    • The 4th Circuit’s fairly concise rejection of the Virigina suit against the ACA ran to 52 pages; 41 pages were needed to list the parties, amici, and attorneys of record!

      Virginia v. Sebelius, Nos. 11-1057, 11-1058, 4th Cir., September 8, 2011; http://1.usa.gov/qqp7qb