Thus far, district courts in three cases have reached the question of whether Congress has the constitutional authority to enact ACA 1501(b), the minimum essential coverage requirement. Those are, in chronological order, the Eastern District of Michigan (Judge Steeh) in Thomas More Law Center v. Obama, the Western District of Virginia (Judge Moon) in Liberty University v. Geithner, and the Eastern District of Virginia (Judge Hudson) in Virginia v. Sebelius. All three cases are now proceeding to the courts of appeals.
As discussed in prior posts, the topside briefs and supporting amici have already been filed in Thomas More Law Center. The United States's brief is due to the Sixth Circuit in that case a week from Friday, January 14. At the present moment, this cases is furthest along in the judicial pipeline, and thus the one most likely to be the first orally argued before a federal circuit court.
Not far behind, though, is Liberty University, for which the Fourth Circuit has set down the following briefing schedule:
* The appellants' brief (Liberty University et al.) is due January 18.
* The appellees' brief (from the United States) is due February 14.
* The appellants' reply brief (if filed) is due within 14 days of the filing of the appellees' brief.
The Fourth Circuit has yet to schedule oral argument in the case. You can access its scheduling order here.
