Friday, August 12, 2011

Plaintiffs file motion to expedite in Kinder v. Geithner

The plaintiff-appellants in Kinder v. Geithner, the case currently pending in the Eighth Circuit, have filed a motion to expedite oral argument and for extended argument time (30 minutes per side). Briefing will be complete in this case on August 25, when the plaintiff-appellants' reply brief is due. The motion indicates that the United States does not oppose the motion.

You might recall that the District Court dismissed this case on the ground that the plaintiffs lacked standing. The plaintiffs are obviously appealing that judgement, and asking the Eighth Circuit (after concluding that the matter is justiciable) to go ahead and reach the merits (and, in turn, hold that the minimum coverage provision exceeds Congress's enumerated powers).

The United States filed its brief yesterday. But, for whatever reason, it remains under PACER's lock and key.

You can find the plaintiff-appellant's motion to expedite here.