This is hardly the main event, but I thought I should note that the United States has filed its brief as appellee in Physician Hospitals of America v. Sebelius, the case currently before the Fifth Circuit. This case involves a challenge to the ACA's provider self-referral provisions. The government argues that the Fifth Circuit lacks jurisdiction over the plaintiffs' claims for two reasons: (1) the claims are "wholly unsubstantial," and (2) the plaintiffs "failed to bring their challenge in the manner prescribed by Congress."
You can access the United States's brief here. (And you can access the plaintiffs' previously filed brief as appellants here.)
The plaintiffs have until November 23 to file their reply brief. The Fifth Circuit has yet to set a date for oral argument.
