Thursday, November 18, 2010

Ninth Circuit briefing schedule in Baldwin v. Sebelius

The Ninth Circuit recently set down its briefing schedule for Baldwin v. Sebelius, the case in which the Supreme Court recently denied a petition for a writ of certiorari. Although the Ninth Circuit might rule sooner in this case than the Sixth Circuit does in Thomas More Law Center, Baldwin is still further back in the pipeline (as to the merits) because the District Court dismissed the complaint in Baldwin on the ground that the plaintiffs lacked standing. Thus, the only issue on appeal will be justiciability. So even if the Ninth Circuit rules in favor of the plaintiffs, the case would presumably then go back to the District Court for a ruling on the merits, before then coming back to the Ninth Circuit (likely at least a year from now).

In any event, here is the briefing schedule in the Ninth Circuit:

* The appellants' opening brief is due November 29, 2010.

* The United States's answering brief is due 28 days after the filing of the opening brief, or December 27, 2010, whichever comes sooner.

* The appellants' reply brief is due 14 days after the United States's filing of its answering brief.

You can find the Ninth Circuit's scheduling order here.