Timetable For the ACA Supreme Court Proceedings

With 4 distinct questions being separately briefed and argued — and amici appointed to argue two of the questions apart from the petitioner or respondent — it is a real challenge to keep all the relevant dates in the proceedings straight. For those who are following the case, here is the timetable between now and the end of oral argument on March 28th, with the dates concerning the individual mandate highlighted in bold (NFIB = National Federation of Independent Business, the party I represent with Jones Day):

January 6:

  • NFIB & States separate briefs on severability (mandate not severable from entire ACA) ;
  • Government brief on mandate
  • Amicus briefs supporting NFIB/States on Severability
  • Court-appointed Amicus Robert Long’s brief on Anti-Injunction Act (i.e. AIA applies)

January 10:

  • States brief on Medicaid (spending power)

January 13:

  • Amicus briefs supporting Government on mandate
  • Amicus briefs supporting Court-appointed amicus on Anti-Injunction Act (i.e. AIA applies)

January 17:

  • Amicus briefs supporting States on Medicaid

January 27:

  • Government’s brief on severability (i.e. mandate not severable from insurance company mandates, but rest of ACA stands)

February 3:

  • Amicus briefs supporting Government on Severability

February 6:

  • NFIB & States separate briefs replying to Government/Amicis on mandate

February 10:

  • Government’s brief responding to States on Medicaid

February 13:

  • Amicus briefs supporting NFIB/States on mandate

February 17:

  • Court-appointed amicus H. Bartow Farr, III’s brief on Severability (i.e., only mandate falls)
  • Amicus briefs supporting Government on Medicaid

February 24:

  • Amicus briefs supporting Court-appointed amicus on severability (i.e., only mandate falls)

February 27:

  • NFIB’s reply brief on Anti-Injunction Act

March 7:

  • Government’s reply brief on mandate

March 12:

  • Court-appointed amicus reply brief arguing for Anti-Injunction Act
  • States reply brief on Medicaid

March 13:

  • NFIB, States & Government separate reply briefs on severability

March 26:

  • 10:00-11:00 a.m. Oral argument on whether Anti-Injunction Act applies (divided between NFIB, States, Government & Court-appointed Amicus Robert Long)

March 27:

  • 10:00 a.m.-noon Oral argument on individual mandate (divided between NFIB, States & Government)

March 28:

  • 10-11:30 a.m. Oral argument on severability (divided between NFIB, States, Government & Court-appointed Amicus H. Bartow Farr, III)
  • 1:00-2:00 p.m. Oral argument on Medicaid (divided between States & Government)

Mark your calendars.