U.S. files notice of appeal and motion to expedite in Florida v. HHS

The United States has met the requirements laid out by Judge Vinson for the continuation of his stay order: the DOJ has filed its notice of appeal and its motion to expedite appellate review in the Eleventh Circuit. You can access the motion to expedite here.

Here is the briefing schedule laid out in the motion, with a brief caveat:

[The United States] asks that the Court expedite proceedings and establish the following briefing schedule, with oral argument to follow on an expedited basis as determined by the Court:

Defendants’ Opening Brief: due 4/18/2011

Plaintiffs’ Response Brief: due 5/18/2011

Defendants’ Reply Brief: due 6/1/2011 (as qualified below)

The proposed deadline for the reply brief assumes that plaintiffs will not renew on appeal, through cross-appeal or otherwise, claims or arguments not accepted by the district court. If that assumption proves incorrect, defendants may need additional time for the reply brief. We have consulted with plaintiffs’ counsel, who advised us today that plaintiffs are not in a position to support or oppose this motion.

If accepted by the Eleventh Circuit, this would presumably mean oral argument in late June or early July.