Monday, April 4, 2011

Important correction: Amicus briefs supporting the United States due this Friday in Florida v. HHS

According to the briefing schedule set out by the Eleventh Circuit in this March 11 order, the United States was to file its brief by today, April 4. Under Federal Rule of Appellate Procedure 29(e), "[a]n amicus curiae must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the principal brief of the party being supported is filed." The court, of its own motion, can set a date specific for amicus briefs, and some courts have done so in some of the ACA cases. But the Eleventh Circuit's scheduling order did not; rather, it only specified the due dates for the parties. 

Given the briefing schedule set out in the order, it was assumed (by me, at least) that amicus briefs supporting the United States would be due a week from today, April 11. But because the United States filed its brief this past Friday (three days early), I believe the amicus briefs supporting to the United States are now due three days earlier as well--meaning this Friday, April 8. 

If anyone out there knows this to be incorrect, please let me know.