Friday, January 13, 2012

Amicus supporting the constitutionality of the individual mandate due today

Today is the due date for amicus curiae briefs supporting the United States in HHS v. Florida (No. 11-398), arguing that the ACA's minimum essential coverage provision is within Congress's enumerated powers. Based on what we saw in the circuit courts (roughly 15 amicus briefs supporting the government in each case), I am anticipating the filing of 30 to 35 briefs today, but that is just a guess.

Also due today (I think) would be any amicus briefs supporting the position of the Court-appointed amicus on the Anti-Injunction Act question. 

(By the way, if anyone out there is filing an amicus brief, and it is not too much trouble, I would be much obliged if you e-mailed me a copy at Thanks!)