Wednesday, January 5, 2011

Update on New Jersey Physicians v. Obama

You may recall that Judge Wigenton (U.S. District Court for the District of New Jersey) dismissed the plaintiffs' complaint in New Jersey Physicians v. Obama back on December 7 on the ground that the plaintiffs lacked standing. (You can find the opinion here.) In particular, she held that the plaintiffs had not alleged any current or imminent harm from the minimum coverage provision, and thus had failed to establish the constitutionally requisite "injury in fact" for purposes of Article III.

The plaintiffs have appealed Judge Wigenton's decision to the Third Circuit, which recently issued a scheduling order. (You can access that order here). Here are the relevant details:

* The brief for the appellants (New Jersey Physicians et al.) is due January 26, 2011.

* The brief for the appellees (United States) is due 30 days later, or February 25, 2011.

* The appellants' reply brief, if they decide to file one, is due 14 days after that, or March 11.

The Third Circuit has yet to schedule oral argument in the case.