Wednesday, May 25, 2011

States file their reply brief in Florida v. HHS

The states have filed their reply brief at the Eleventh Circuit in Florida v. HHS. You can find the brief here.

We still await the reply brief of the the other appellee/cross-appellants: the NFIB, Kaj Ahlburg, and Mary Brown. Once that has been filed, the briefing in the Eleventh Circuit will be complete.

CORRECTION: There will be no such brief filed, since these plaintiff-appellants are not cross-appealing the award of summary judgment to the United States on the claim that the ACA's Medicaid amendments exceed Congress's spending power (and thus amount to an impermissible commandeering of the states). So the briefing in the Eleventh Circuit now is, indeed, complete.