The Family Research Council and thirty Members of the House of Representatives have jointly filed a cert stage amicus curiae brief applicable to both NFIB v. Sebelius (No. 11-393) and Florida v. HHS (No. 11-400). The brief is authored by Nelson Lund, constitutional law professor at George Mason University. The brief contends that the Eleventh Circuit misapplied the Court's severability doctrine, and that if the Court concludes that any aspect of the ACA is unconstitutional, it should also resolve the severability questions.
You can access the brief here.
