Thursday, September 1, 2011

Sissel stayed

The United States District Court for the District of Columbia has stayed Sissel v. HHS. Specifically, the court has issued this minute order on the docket sheet:
MINUTE ORDER (paperless) This case is hereby stayed pending the D.C. Circuit's decision in Mead v. Holder, USCA No. 11-5047. Within thirty days of the D.C. Circuit's ruling, the parties shall submit a joint status report addressing how this case should proceed. Signed by Judge Beryl A. Howell on August 9, 2011.
The court actually means Seven-Sky v. Holder, as the plaintiff Mead has officially withdrawn from the litigation. But the point is the same. The district court will simply wait to see what happens in Seven-Sky, which will be argued before the D.C. Circuit on September 23, before acting on the United States's motion to dismiss. The Seven-Sky decision will address the same issue and become binding precedent. So there is little point to the  district court deciding this before then.