Sunday, August 21, 2011

Some speculation about what is coming from the Fourth Circuit

Professor Kevin Walsh (University of Richmond School of Law) has written this post speculating about what may well be happening at the Fourth Circuit. It is all guesswork at this point, but Walsh's speculations are in line with what most people thought after oral argument: the panel seemed inclined to reach the merits in Liberty University and uphold the mandate, but dismiss the appeal in Virginia v. Sebelius on the ground that Virginia lacks standing. It stands to reason that Judge Motz would have the Liberty University opinion, and that Judge Davis is writing the majority opinion in Virginia v. Sebelius.