Just following up with a story we mentioned earlier this week.
Yesterday afternoon, a day after Acting Solicitor General Neal Katyal argued on behalf of the United States in the Eleventh Circuit, Donald Verrilli was sworn in as the new Solicitor General of the United States. Katyal now slides back into his prior position as Principal Deputy Solicitor General. Leondra Kruger presumably slides back herself, though I am unsure precisely what title she now assumes.
This is relevant to the ACA because, assuming the Department of Justice continues to believe that its top appellate lawyer should be arguing these cases, we are apt to see Mr. Verrilli now argue (a) Seven-Sky v. Holder in the D.C. Circuit, September 23, and (b) the case at the Supreme Court, assuming that happens while Barack Obama is still in the White House.
The news comes via Howard Bashman and his great blog, How Appealing.