Monday, September 12, 2011

Still September 28

A quick glance at the electronic docket available through the Supreme Court's we site shows that, as of now, the United States's response in Thomas More Law Center v. Obama (No. 11-117) is due September 28. Again, how the government responds to the petition will by quite interesting and potentially quite revealing. With the Fourth Circuit's decision of last Thursday, we now have an additional wrinkle: how will the government characterize this potential "vehicle problem," that the Anti-Injunction potentially deprives the Court of subject matter jurisdiction over any of the lawsuits challenging the individual mandate? The recent turnover in the Solicitor General's office also raises the specter of a possible change in position or strategy: will General Verrilli approach this case at all differently than General Katyal? We should know relatively soon.