Wednesday, January 26, 2011

Fourth Circuit expedites Virginia v. Sebelius, calendars with Liberty University v. Geithner

The Fourth Circuit today issued three orders related to the two ACA cases currently pending in that court, Virginia v. Sebelius and Liberty University v. Geithner. First, the court granted the parties' joint motion in Virginia v. Sebelius for expedited briefing and argument, stating that the oral argument will occur during the session of court scheduled for May 10 to May 13. Second, it issued a revised briefing schedule for Virginia v. Sebelius with the following deadlines:

* The Unites States's opening brief is due February 28

* Virginia's opening brief is due March 28

* The United States's reply brief is due April 11

* A reply brief from Virginia, if it chooses to file one, is due 7 days from service of the United States's reply brief

Finally, the court announced that Liberty University v. Geithner will also be argued during the session of court scheduled for May 10 to May 13.

UPDATE: Here is the order granting oral argument and expedited briefing. Here is the order specifying the briefing schedule. And here is the order granting oral argument and noting its timing in Liberty University v. Geithner.