Yesterday, the Supreme Court issued an order setting the briefing schedule on the four questions presented in the three ACA cases (Nos. 11-393, 11-398, and 11-400). Here is the calendar:
1. Minimum essential coverage provision issue:
* The United States's brief as petitioner is due January 6
* The briefs of the respondents (the states and the private plaintiffs) are due February 6
* The United States's reply brief is due March 7
2. Anti-Injunction Act issue:
* The brief of the Court-appointed amicus curiae is due January 6
* The briefs of the United States and the respondents are due February 6
* The reply briefs of the United States and the respondents are due February 27
* The amicus's reply brief is due March 12
3. The severability issues:
* The briefs of the states and private plaintiffs are due January 6
* The United States's brief is due January 27
* The brief of the Court-appointed amicus curiae is due February 17
* The reply briefs of the United States, the states, and the private plaintiffs are due March 13
4. The Medicaid issue:
* The states' brief is due January 10
* The United States's brief is due February 10
* The states' reply brief is due March 12
Per Supreme Court Rule 37.3 (a), all amicus briefs (other than those filed by the Court-appointed amicus) are due seven days following the filing of the brief by the party the amicus is supporting (on the relevant issue). Thus, the first major due date is January 13 -- for all amicus briefs supporting the federal government on the question of the individual mandate's constitutionality. (This is also the due date for all amicus briefs supporting the challengers on the severability question.)
All briefing will thus be complete by March 13. And this means the Court is most likely to schedule oral argument for two out of the following three days: March 26, 27, or 28.
