Saturday, November 6, 2010
Baldwin cert petition news on Monday
The Supreme Court yesterday, in some manner, considered the petition for a writ of certiorari filed by the plaintiff in Baldwin v. Sebelius, who, among other things, claims the ACA's minimum coverage provision exceeds Congress's enumerated powers. The District Court for the Southern District of California dismissed the complaint for want of jurisdiction on the ground that the plaintiff lacked standing. An appeal is pending in the Ninth Circuit, but the plaintiff is simultaneously seeking review in the Supreme Court (which, of course, would render the Ninth Circuit appeal moot). The Court will issue its order list from Friday's conference at 10:00 am EST Monday morning, at which point we should know some more about what the Court has done with the petition. It could (1) simply deny the petition, which seems most likely; (2) call for a response from the government (which waived its right to file a brief in opposition two weeks ago); or (3) re-list the petition, such that it will be considered at a future conference (to permit a justice, for instance, to write a dissent from or a statement regarding the Court's denial of certiorari). If the Court simply denies the petition, we will know that as soon as the Court releases its order list, shortly after 10:00 am Monday. If it calls for a response or re-lists the petition, we will not learn of this until the appropriate entry is added to the case's docket sheet (and I'm unsure how promptly this happens). In any event, there should be some sort of news Monday morning.
Posted by Bradley Joondeph at 10:31 AM