Tuesday, November 8, 2011

Update on Virginia v. Sebelius

This is not the big news of the day, but some items to update on Virginia v. Sebelius (No. 11-420), now the sixth of the six ACA cases in the certiorari queue:

* The United States late last week filed its brief in response, which you can find here. The government argues that the Court should hold Virginia's petition pending the resolution of the other cases. (Virginia's petition would be largely beside the point if the Court upholds the ACA. But there is a chance the Court might reach the question of state standing to challenge the individual mandate in the Florida cases, and that might warrant a grant, vacate, and remand.)

* The clerk's office yesterday distributed Virginia's petition for the justices' November 22 conference. Consistent with the SG's recommendation, the odds are in favor of the Court simply holding the petition pending the outcome of the other cases.