Friday, July 15, 2011

Procedural machinations in Coons v. Geithner

This is the case that is currently pending in the District Court for the District of Arizona. It stands out a bit because, in addition to challenging the minimum essential coverage provision, the plaintiffs assert that various aspects of the IPAB (the Independent Payment Advisory Board, created by the ACA) are unconstitutional.

There have been a slew of procedural developments in the case over the past three weeks. Here they are, in chronological order:

* First, you might recall that the United States filed its motion to dismiss on May 31 (which you can access here).

* On June 20, the plaintiffs filed a motion to treat the United States's motion to dismiss as a motion for summary judgment in part. (You can access that motion here.)

* On that same day, the plaintiffs filed a memorandum in response to the United States's motion to dismiss and in support of their own motion for summary judgment in part. (You can access that brief here.)

* The following day (June 21), the Pacific Legal Foundation filed a brief as amicus curiae  in opposition to the United States's motion to dismiss and in support of the plaintiffs' motion for summary judgment (which you can access here.)

* On June 23, the United States filed this memorandum in which it expressed its opposition to treating its motion to dismiss as a motion for summary judgment in part, and it moved the district court to stay the plaintiffs' motion for summary judgment until after the court had ruled on the United States's motion to dismiss.

* On July 5, the United States filed its reply brief in support of its motion to dismiss (which you can access here).

* On July 7, the plaintiffs filed a memorandum in response to the United States's motion for a stay and its opposition to the plaintiffs' motion to treat the United States's motion to dismiss as a motion for summary judgment. (You can access that memorandum here.)

* Finally, just yesterday afternoon, the United States filed its reply brief in support of its motion to stay the proceedings on the plaintiffs' motion for summary judgment. (You can access that brief here.)

Thus far, District Judge G. Murray Snow (appointed by President George W. Bush) has not ruled on any of the competing motions.