Monday, December 13, 2010

More action this week

Certainly Judge Hudson's decision today is the most important ACA litigation event of the week. But there are at least two other items to keep our eyes on:

* Wednesday, the appellants brief is due at the Sixth Circuit in Thomas More Law Center v. Obama. In that case, you will remember, Judge Steeh (E.D. Michigan) upheld the minimum coverage provision as a valid exercise of Congress's commerce power, and the plaintiffs have appealed.

* Thursday, oral arguments will take place before Judge Roger Vinson (N.D. Fla.) in Florida v. HHS on the parties' respective motions for summary judgment. Following Judge Vinson's prior decision on the United States's motion to dismiss, two claims remain in play: (1) whether the minimum coverage provision exceeds Congress's enumerated powers, and (2) whether the ACA's amendments to Medicaid are coercive, and thus effectively "commandeer" the state governments into implementing a federal legislative program.