The National Journal is reporting (in a story behind a pay wall) that the Court has decided two procedural matters:
1. An amicus will indeed be appointed to argue that the Anti-Injunction Act (26 U.S.C. 7421) precludes jurisdiction in this case (at least with respect to the private plaintiffs), and that a second amicus will be appointed to defend the Eleventh Circuit's judgment on severability. Again, the Eleventh Circuit held that the minimum coverage provision was completely severable from the remainder of the ACA. None of the parties have advocated this position; even the United States argues that, if the mandate goes down, so too must the guaranteed issue and community rating provisions.
2. The arguments will be staged over two days. The Court will take up the Anti-Injunction Act and the constitutionality of the individual mandate on the first day, and the Medicaid question and severability on the second day.
These details were reportedly conveyed to the litigants on Monday. Official orders from the Court setting out these details, along with the names of the amici, should be forthcoming soon.
