Monday, January 24, 2011

Fourth Circuit sets briefing schedule in Virginia v. Sebelius

Late Friday, the United States Court of Appeals for the Fourth Circuit set down the briefing schedule for Virginia v. Sebelius. Lyle Denniston of SCOTUSblog has a report here, and you can access the court's order here.

This gist is this:

* The United States's brief (as appellant) is due March 2

* Amicus briefs supporting the United States are due March 9

* Virginia's brief (as appellee) is due April 4

* Amicus briefs supporting Virginia are due April 11

* The United States's reply brief is due May 9

* Virginia may file a response to the United States's reply brief within 14 days of the filing of the United States's brief

Assuming this schedule holds, oral argument will not take place until June at the earliest. Also, no word yet on how the Fourth Circuit plans to coordinate this case with that if Liberty University v. Geithner. My best guess is that, although briefing in that case should be complete by March, argument in the two cases will be held at the same time (and before the same panel), meaning some time this summer.