Monday, March 14, 2011

U.S. BIO due today

Today is the due date for the United States's brief in opposition to Virginia's petition for a writ of certiorari before judgment in Virginia v. Sebelius. Conceivably, DOJ could waive its right to respond; it did so this fall in Baldwin v. Sebelius, the case from the Ninth Circuit in which the plaintiffs sought certiorari before judgment this past fall. But that seems unlikely here given that (1) this case has a much higher profile, (2) the district court here, unlike the district court in Baldwin, reached the merits of whether the ACA is constitutional, and (3) failing to respond at all might create a number of political problems, regardless of its defensibility in purely legal terms.

We will have the BIO up here as soon as it becomes available.