Thursday, October 27, 2011

Another amicus brief

Another cert stage amicus curiae brief has been filed, this one specifically in Florida v. HHS (No. 11-400). The brief has been filed by the American Center for Law and Justice, 105 Members of Congress, and the Supreme Court Committee to Declare Obamacare Unconstitutional.

The brief argues that the Court should grant review to decide (1) whether the minimum essential coverage provision exceeds Congress's enumerated powers, and (2) if not, whether the mandate can be severed from the rest of the ACA. (I have a hunch these folks will get their wish.)

You can access the brief here.