So the avalanche is now beginning . . . .
The Association of American Physicians and Surgeons, as well as a handful of doctors, have filed a cert stage amicus curiae brief in Florida v. Sebelius (No. 11-400). The brief makes three arguments: (1) the severability analysis employed by the Eleventh Circuit operates as a judicial line-item veto, and thus violated Article I's requirement of bicameralism; (2) the minimum essential coverage provision does not involve "commerce" due to the absence of the involvement of two parties; and (3) the minimum essential coverage provision violated Article I's requirement of presentment because it was simultaneously enacted and amended.
You can access the brief here.
