The Court's order list today (in addition to including two
per curiam reversals) allocated the time at oral argument among the various parties on the different issues. Here is the full text of the relevant order:
11-393 NAT. FED'N INDEP. BUSINESS V. SEBELIUS, SEC. OF H&HS, ET AL.
11-398 DEPT. OF H&HS, ET AL. V. FLORIDA, ET AL.
11-400 FLORIDA, ET AL. V. DEPT. OF H&HS, ET AL.
Upon consideration of the motions pertaining to the allocation of oral argument time, the following allocation of oral argument time is adopted.
On the Anti-Injunction Act issue (No. 11-398), the Court-appointed amicus curiae is allotted 40 minutes, the Solicitor General is allotted 30 minutes, and the respondents are allotted 20 minutes.
On the Minimum Coverage Provision issue (No. 11-398), the Solicitor General is allotted 60 minutes, respondents Florida, et al. are allotted 30 minutes, and respondents National Federation of Independent Business, et al. are allotted 30 minutes.
On the Severability issue (Nos. 11-393 and 11-400), the petitioners are allotted 30 minutes, the Solicitor General is allotted 30 minutes, and the Court-appointed amicus curiae is allotted 30 minutes.
On the Medicaid issue (No. 11-400), the petitioners are allotted 30 minutes, and the Solicitor General is allotted 30 minutes.
If I am reading this correctly, the Court (1) agreed with all the parties to expand argument on the AIA by 30 minutes, and (2) sided with the SG (and against the respondents) on how that additional 30 minutes would be allocated, giving 30 minutes to the SG and only 20 minutes in total to both the state and private respondents.
