Thursday, November 18, 2010

Sixth Circuit briefing schedule set in Thomas More Law Center v. Obama

The ACA case that is currently the furthest along in the federal judicial pipeline is Thomas More Law Center v. Obama. You will recall that, back on October 21, District Court Judge George Steeh issued an opinion granting the United States's motion for summary judgment, upholding the minimum coverage provision as a valid exercise of Congress's authority to regulate interstate commerce. (You can find that opinion here.)

The Thomas More Law Center has filed its notice of appeal, and last week the United States Court of Appeals for the Sixth Circuit set down a briefing schedule for the case, which you can find here. The gist of it is as follows:

* The brief of appellant Thomas More Law Center is due December 15, 2010.

* The brief of appellee United States is due January 14, 2011.

* The reply brief of appellant Thomas More Law Center is due 14 days after the filing of the appellee's brief (thus, most likely January 28, 2011).

The Sixth Circuit will not set a date for oral argument in the case until after the principal briefs have been filed.