Speaking of amicus briefs . . . .
The United State Chamber of Commerce's National Litigation Center--perhaps the second most active and influential litigant at the Supreme Court, next only to the Solicitor General--has filed a cert-stage amicus curiae brief, applicable to Nos. 11-393 (NFIB v. Sebelius), 11-398 (HHS v. Florida), and 11-400 (Florida v. HHS). You can access the brief here.
As one might expect, the brief makes two basic points:
1. This case is of enormous importance to the business community, so the Court should grant cert forthwith to eliminate the cloud of uncertainty that hovers over the entire ACA; and
2. If the minimum essential coverage provision is unconstitutional, declaring only it unconstitutional (without voiding other ACA regulations of the insurance market) "will have disastrous consequences for the health insurance market."
The Chamber has retained appellate attorneys at O'Melveny & Meyers to co-author the brief.
