No. 11-393
Vide 11-400
Title:
National Federation of Independent Business, et al., Petitioners
v.
Kathleen Sebelius, Secretary of Health and Human Services, et al.
Docketed:September 28, 2011
Lower Ct:United States Court of Appeals for the Eleventh Circuit
  Case Nos.:(11-11021, 11-11067)
  Decision Date:August 12, 2011
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 28 2011 Petition for a writ of certiorari filed. (Response due October 28, 2011)
Sep 28 2011 Appendix of National Federation of Independent Business, et al. filed.
Oct 7 2011 Consent to the filing of amicus curiae briefs , in support of either party or of neither party, received from counsel for the petitioners. VIDED.
Oct 11 2011 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents, the Solicitor General. VIDED.
Oct 11 2011 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State Respondents, Florida, et al. VIDED.
Oct 17 2011 Waiver of right of respondents Florida, et al. to respond filed.
Oct 17 2011 Brief of respondents Kathleen Sebelius, Secretary of Health and Human Services, et al. filed. VIDED.
Oct 21 2011 Brief amicus curiae of Landmark Legal Foundation filed.
Oct 25 2011 Brief amicus curiae of America's Health Insurance Plans filed. VIDED.
Oct 25 2011 Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Oct 26 2011 DISTRIBUTED for Conference of November 10, 2011.
Oct 27 2011 Brief amici curiae of Family Research Council, et al. filed. VIDED. (Distributed)
Nov 14 2011 Petition GRANTED. The petition for a writ of certiorari in No. 11-400 is granted limited to the issue of severability presented by Question 3 of the petition. The cases are consolidated and a total of 90 minutes is allotted for oral argument
Nov 15 2011 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents, the Solicitor General . VIDED.
Nov 16 2011 Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the National Federation of Independent Business, et al. VIDED
Nov 18 2011 H. Bartow Farr, III, Esquire, of Washington, D.C., is invited to brief and argue these cases, as amicus curiae, in support of the judgment of the Court of Appeals that the minimum coverage provision of the Patient Protection and Affordable Care Act, 26 U.S.C. §5000A, is severable from the entirety of the remainder of the Act. VIDED
Nov 22 2011 Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for Florida, et al. VIDED
Dec 3 2011 Motion for leave to intervene filed by Freedom Watch. VIDED.
Dec 5 2011 Briefing proposal of the parties and Court-appointed amici curiae filed. VIDED
Dec 6 2011 Motion DISTRIBUTED for Conference of December 9, 2011.
Dec 7 2011 Letter from counsel for National Federation of Independent Business, et al. regarding Mary Brown received. (Distributed). VIDED
Dec 8 2011 Upon consideration of the letter of December 5, 2011, from the Solicitor General on behalf of the parties and the amici curiae invited to brief and argue these cases, the following briefing schedule is adopted. On the Minimum Coverage Provision issue (No. 11-398), the brief of the Solicitor General, not to exceed 16,500 words, is to be filed on or before Friday, January 6, 2012. The briefs of respondents, not to exceed 16,500 words, are to be filed on or before Monday, February 6, 2012. The reply brief, not to exceed 6,600 words, is to be filed on or before Wednesday, March 7, 2012. On the Anti-Injunction Act issue (No. 11-398), the brief of the Court-appointed amicus curiae is to be filed on or before Friday, January 6, 2012. The briefs of the Solicitor General and respondents are to be filed on or before Monday, February 6, 2012. Reply briefs of the Solicitor General and respondents are to be filed on or before Monday, February 27, 2012. The reply brief of the Court-appointed amicus curiae is to be filed on or before Monday, March 12, 2012. VIDED
Dec 8 2011 On the Severability issue (Nos. 11-393 and 11-400), the briefs of petitioners are to be filed on or before Friday, January 6, 2012. The brief of the Solicitor General is to be filed on or before Friday, January 27, 2012. The brief of the Court-appointed amicus curiae is to be filed on or before Friday, February 17, 2012. Reply briefs of the Solicitor General and petitioners are to be filed on or before Tuesday, March 13, 2012. On the Medicaid issue (No. 11-400), the brief of petitioners is to be filed on or before Tuesday, January 10, 2012. The brief of the Solicitor General is to be filed on or before Friday, February 10, 2012. The reply brief is to be filed on or before Monday, March 12, 2012. Other amici curiae shall file separate briefs on each issue they intend to address. The briefs shall be filed within the time allowed under Rule 37.3(a) of the Rules of this Court, except that amici curiae briefs addressing the Severability issue shall be filed on or before the due date for the brief of the party or Court-appointed amicus curiae whose position the brief is supporting. The parties and amici curiae shall identify on the cover of each brief the issue that is addressed in the brief. Amici curiae shall also identify on the cover of the brief the party or parties supported or whether the brief suggests affirmance or reversal, as required by Rule 37.3(a) of the Rules of this Court. VIDED
Dec 12 2011 Motion for leave to intervene filed by Freedom Watch DENIED.
Dec 19 2011 SET FOR ARGUMENT ON Wednesday, March 28, 2012 (Severability). VIDED
Jan 4 2012 Motion to add parties Dana Grimes and David Klemencic as additional petitioners in No. 11-393 and additional respondents in Nos. 11-398 and 11-400 filed by petitioners National Federation of Independent Business, et al. VIDED.
Jan 4 2012 Brief amicus curiae of American Civil Rights Union (Severability) filed. VIDED.
Jan 5 2012 Brief amicus curiae of Freedom Watch filed. VIDED.
Jan 5 2012 Motion of Freedom Watch for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 6 2012 Joint appendix (Minimum Coverage Provision, Anti-Injunction Act, and Severability) filed. VIDED. (Statement of costs filed)
Jan 6 2012 Brief of petitioners National Federation of Independent Business, et al. (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amici curiae of American Hospital Association, et al. (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amicus curiae of Chamber of Commerce of the United States of America (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief of respondents Florida, et al. (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amici curiae of America's Health Insurance Plans and The Blue Cross Blue Shield Association (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amici curiae of American Center for Law and Justice, et al. (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amicus curiae of National Restaurant Association (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amici curiae of Family Research Council, et al. (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amicus curiae of Justice and Freedom Fund (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amicus curiae of Western Center for Journalism (Severability) filed. (Distributed)
Jan 6 2012 Brief amicus curiae of United States Senate (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amici curiae of Association of American Physicians and Surgeons, et al. (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amici curiae of Economists (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amici curiae of Competitive Enterprise Institute, et al. (Severability) filed. VIDED. (Distributed)
Jan 6 2012 Brief amici curiae of Texas Public Policy Foundation and Cato Institute (Severability) filed. VIDED. (Distributed)
Jan 9 2012 Motion DISTRIBUTED for Conference of January 13, 2012.
Jan 9 2012 Record received from U.S.C.A. for 11th Circuit. (1 box)
Jan 11 2012 CIRCULATED
Jan 12 2012 Record received from U.S.D.C. for Northern District of Florida. (1 box) The remainder of the record is electronic.
Jan 17 2012 Motion to add parties Dana Grimes and David Klemencic as additional petitioners in No. 11-393 and additional respondents in Nos. 11-398 and 11-400 filed by petitioners National Federation of Independent Business, et al. GRANTED. VIDED.
Jan 23 2012 Motion of Freedom Watch for leave to participate in oral argument as amicus curiae and for divided argument DENIED. Justice Kagan took no part in the consideration or decision of this motion.
Jan 27 2012 Brief of respondents Department of Health and Human Services, et al. (Severability) filed. VIDED. (Distributed)
Jan 27 2012 Brief amici curiae of California, et al. (Severability) filed. VIDED. (Distributed)
Jan 27 2012 Brief amici curiae of American Public Health Association, et al. (Severability) filed. VIDED. (Distributed)
Jan 27 2012 Brief amici curiae of AARP, et al. (Severability) filed. VIDED. (Distributed)
Jan 27 2012 Brief amicus curiae of American Academy of Actuaries (Severability) filed. VIDED. (Distributed)
Jan 27 2012 Brief amici curiae of Michigan Legal Services, Inc., et al. (Severability) filed. VIDED. (Distributed)
Jan 27 2012 Brief amici curiae of National Indian Health Board, et al. (Severability Issue) filed. VIDED. (Distributed)
Jan 27 2012 Brief amici curiae of American Medical Student Association, et al. (Severability) filed. VIDED. (Distributed)
Jan 27 2012 Brief amicus curiae of American Benefits Council (Severability) filed. VIDED. (Distributed)
Jan 30 2012 Motion for reconsideration for leave to participate in oral argument as amicus curiae and for divided argument filed by Freedom Watch. VIDED.
Feb 3 2012 Motion for divided argument and enlargement of time for oral argument on the Anti-Injunction Act issue filed by respondents Kathleen Sebelius, Secretary of Health and Human Services, et al., joined by both Court-appointed counsel. VIDED.
Feb 3 2012 Motion for divided argument and enlargement of time for oral argument on the Anti-Injunction Act issue filed by Florida, et al. and National Federation of Independent Business, et al. VIDED.
Feb 6 2012 Brief amicus curiae of Missouri (Severability) filed. VIDED. (Distributed)
Feb 15 2012 Brief amici curiae of David R. Riemer and Community Advocates (Severability) filed. VIDED. (Distributed)
Feb 15 2012 Brief amicus curiae of The Washington and Lee University School of Law Black Lung Clinic (Severability) filed. VIDED. (Distributed)
Feb 17 2012 Brief amici curiae of Asian & Pacific Islander American Health Forum, et al. (Severability) filed. VIDED. (Distributed)
Feb 17 2012 Brief amici curiae of Joella Swan, et al. (Severability) filed. VIDED. (Distributed)
Feb 17 2012 Brief amicus curiae of Court-appointed amicus curiae (Severability) filed. VIDED. (Distributed)
Feb 21 2012 Upon consideration of the motions pertaining to the allocation of oral argument time, the following allocation of oral argument time is adopted. On the Anti-Injunction Act issue (No. 11-398), the Court-appointed amicus curiae is allotted 40 minutes, the Solicitor General is allotted 30 minutes, and the respondents are allotted 20 minutes. On the Minimum Coverage Provision issue (No. 11-398), the Solicitor General is allotted 60 minutes, respondents Florida, et al. are allotted 30 minutes, and respondents National Federation of Independent Business, et al. are allotted 30 minutes. On the Severability issue (Nos. 11-393 and 11-400), the petitioners are allotted 30 minutes, the Solicitor General is allotted 30 minutes, and the Court-appointed amicus curiae is allotted 30 minutes.On the Medicaid issue (No. 11-400), the petitioners are allotted 30 minutes, and the Solicitor General is allotted 30 minutes.
Feb 27 2012 Motion for reconsideration of order denying leave to participate in oral argument as amicus curiae and for divided argument filed by Freedom Watch DENIED. Justice Kagan took no part in the consideration or decision of this motion. VIDED.
Mar 13 2012 Reply of respondents Kathleen Sebelius, Secretary of Health and Human Services, et al. (Severability) filed. VIDED. (Distributed)
Mar 13 2012 Reply of petitioners National Federation of Independent Business, et al. (Severability) filed. VIDED. (Distributed)
Mar 13 2012 Reply of respondents Florida, et al. (Severability) filed. VIDED. (Distributed)
Mar 14 2012 Letter from the Solicitor General proposing to lodge 10 copies of the Government Printing Office’s Compilation of the Patient Protection and Affordable Care Act. (Distributed)
Mar 15 2012 Proposal from Court-appointed amicus counsel to lodge copies of a report by the Rand Foundation, "The Effect of the Affordable Care Act on Enrollment and Premiums, With and Without the Individual Mandate." VIDED. (Distributed)
Mar 17 2012 Motion for leave to intervene, in support of Court-appointed amicus on the issue of severability, filed by David Boyle. VIDED.
Mar 28 2012 Motion DISTRIBUTED for Conference of April 13, 2012.
Mar 28 2012 Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: H. Bartow Farr, III, Washington, D. C.
Apr 16 2012 Motion for leave to intervene filed by David Boyle DENIED. VIDED.
Apr 25 2012 Letter received from National Federation of Independent Business (Distributed)
May 7 2012 Motion for reconsideraton of motion for leave to intervene, in support of Court-appointed amicus on the issue of severability filed by David Boyle. VIDED.
May 22 2012 Motion DISTRIBUTED for Conference of June 7, 2012.
Jun 11 2012 Motion of David Boyle for reconsideration of motion for leave to intervene DENIED. VIDED
Jun 28 2012 Adjudged to be AFFIRMED IN PART, REVERSED IN PART. Roberts, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-C., in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined; an opinion with respect to Part IV, in which Breyer and Kagan, JJ., joined; and an opinion with respect to Parts III-A, III-B, and III-D. Ginsburg, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which Sotomayor, J., joined, and in which Breyer and Kagan, JJ., joined as to Parts I, II, III, and IV. Scalia, Kennedy, Thomas, and Alito, JJ., filed a dissenting opinion. Thomas, J, filed a dissenting opinion.
Jul 30 2012 JUDGMENT ISSUED.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
Michael A. Carvin Jones Day(202) 879-3939
    Counsel of Record51 Louisiana Avenue, N.W.
Washington, DC  20001
macarvin@jonesday.com
Party name: National Federation of Independent Business, et al.
Attorneys for Respondents:
Paul D. Clement Bancroft PLLC(202) 234-0090
    Counsel of Record1919 M Street, N.W.
Suite 470
Washington, DC  20036
pclement@bancroftpllc.com
Party name: Florida, et al.
 
Donald B. Verrilli Jr. Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: Kathleen Sebelius, Secretary of Health and Human Services, et al.
Other:
Gary A. Benjamin Michigan Legal Services, Inc.(313) 590-6136
220 Bagley, Suite 900
Detroit, MI  48226
gbenjamin@michiganlegal.org
Party name: Michigan Legal Services, Inc., et al. (Severability)
 
James F. Bennett Dowd Bennett LLP(314) 889-7300
7733 Forsyth Boulevard
Suite 1410
St. Louis, MO  63105
jbennett@dowdbennett.com
Party name: United States Senate
 
K. Lee Blalack O'Melveny & Meyers(202)-383-5300
1625 Eye Street, NW
Washington, DC  20006
lblalack@omm.com
Party name: Chamber of Commerce of the United States of America
 
Rochelle Bobroff Federal Rights Project(202) 289-6976
National Senior Citizen Law Center
1444 I Street, NW, Suite 1100
Washington, DC  20005
rbobroff@nsclc.org
Party name: AARP, et al. (Severability)
 
 
David C. Boyle P.O. Box 15143 (734)-904-6132
Long Beach, CA  90815
dbo@boyleslaw.org
Party name: David Boyle
 
Thomas M. Christina Ogletree Deakins Nash Smoak & Stewart, P.C.(864) 271-1300
Suite 500
300 North Main Street
Greenville, SC  29601
tom.christina@ogletreedeakins.com
Party name: Competitive Enterprise Institute, et al. (Severability)
 
Steven A. Engel Dechert LLP(202) 261-3300
1900 K Street, NW
Washington, DC  20006
steven.engel@dechert.com
Party name: Economists (Severability)
 
Richard A. Epstein Distinguish Service Professor of Law(773) 450-4476
800 N. Michigan Ave. #3502
Chicago, IL  60611
repstein@nyu.edu
Party name: Texas Public Policy Foundation and Cato Institute (Severability)
 
H. Bartow Farr III. Farr & Taranto(202) 775-0184
1150 18th Street, N.W.,
Suite 1030
Washington, DC  20036-2435
farrandtaranto@aol.com
Party name: Court-appointed amicus curiae
 
David P. Felsher 488 Madison Avenue(212) 308-8505
New York, NY  10022
dflaw@earthlink.net
Party name: Association of American Physicians and Surgeons, et al. (Severability)
 
Peter J. Ferrara 2011 Freedom Lane(703) 582-8466
Falls Church, VA  22043
peterferrara@msn.com
Party name: American Civil Rights Union (Severability)
 
James L. Hirsen 505 S. Villa Real Drive(714) 283-8880
Suite 208
Anaheim Hills, CA  92807
hirsen@earthlink.net
Party name: Justice and Freedom Fund (Severability)
 
Richard P. Hutchison Landmark Legal Foundation(816) 931-5559
3100 Broadway
Suite 1210
Kansas City, MO  64111
rpetehutch@aol.com
Party name: Landmark Legal Foundation
 
Thomas E. Johnson Johnson Jones Snelling Gilbert & Davis, P.C.(312) 578-8100
36 S. Wabash Street
Chicago, IL  60603
tjohnson@jjsgd.com
Party name: Joella Swan, et al.
 
Larry Klayman Freedom Watch(310) 595-0800
2020 Pennsylvania Ave., N.W., Suite 345
Washington, DC  20006
Party name: Freedom Watch
 
Christopher A. Koster Attorney General of Missouri(573) 751-1800
Office of the Attorney General
P.O. Box 899
Jefferson City, MO  65102
jeremiah.morgan@ago.mo.gov
Party name: Missouri (Severability)
 
Gary G. Kreep United States Justice Foundation(760) 788-6624
932 D Street, Suite 3
Ramona, CA  92065
gkreep@sbcglobal.net
Party name: Western Center for Journalism (Severability)
 
Mario Loyola Texas Public Policy Foundation(512)-472-2700
900 Congress Ave. Suite 400
Austin, TX  78704
mlloyola@texaspolicy.com
Party name: Texas Public Policy Foundation
 
Nelson Lund George Mason University School of Law(703)-993-8045
3301 Fairfax Drive
Arlington, VA  22201
nlund@gmu.edu
Party name: Family Research Council, et al.
 
Timothy C. MacDonnell Black Lung Clinic, Rm. 106(540)-458-8562
Washington and Lee Univ. School of Law
Lexington, VA  24450
macdonnellt@wlu.edu
Party name: The Washington and Lee University School of Law Black Lung Clinic
 
Patricia A. Millett Akin, Gump, Strauss, Hauer & Feld LLP(202) 887-4000
1333 New Hampshire Avenue, N.W.
Washington, DC  20036-1564
pmillett@akingump.com
Party name: America's Health Insurance Plan
 
Ian Millhiser Center for American Progress(202)-481-8228
1333 H St. NW, 10th Floor
Washington, DC  20005
imillhiser@americanprogress.org
Party name: American Medical Student Association, et al. (Severability)
 
James R. Napoli Proskauer Rose LLP(202) 416-5862
1001 Pennsylvania Avenue NW
Suite 400,Ssouth
Washignton, DC  20004
jnapoli@proskauer.com
Party name: American Benefits Council (Severability)
 
Mark A. Packman Gilbert Randolph LLP(202) 772-2320
1100 New York Avenue, NW, Suite 700
Washington, DC  20005
packmanm@gotofirm.com
Party name: Asian & Pacific Islander American Health Forum, et al.
 
Martha Jane Perkins National Health Law Program (919)-968-6308
101 E. Weaver Street, #G7
Carrboro, NC  27510
perkins@healthlaw.org
Party name: American Public Health Association, et al. (Severability)
 
Daniel J. Powell Deputy Attorney General(415)-703-5830
455 Golden Gate Ave., Suite 11000
San Francisco, CA  94102
daniel.powell@doj.ca.gov
Party name: California, et al. (Severability)
 
Jay Alan Sekulow American Center for Law & Justice(202) 546-8890
201 Maryland Ave., N.E.
Washington, DC  20002
sekulow@aclj.org
Party name: American Center for Law and Justice, et al. (Severability)
 
Leon R. Sequeira Seyfarth Shaw LLP(202)-463-2400
975 F St., NW
Washington, DC  20036
lsegueira@seyfarth.com
Party name: National Restaurant Association (Severability)
 
Kannon K. Shanmugam Williams & Connolly LLP(202) 434-5000
725 Twelfth Street, N.W.
Washington, DC  20005
kshanmugam@wc.com
Party name: American Academy of Actuaries (Severability)
 
Catherine E. Stetson Hogan Lovells US LLP(202) 637-5491
555 Thirteenth Street, N.W.
Washington, DC  20004
cate.stetson@hoganlovells.com
Party name: American Hospital Association, et al. (Severability)
 
Dean A. Strang Hurley Burish & Stanton SC(608) 257-0945
33 E. Main Street, Suite 400
Madison, WI  53202
dstrang@hbslawfirm.com
Party name: David R. Riemer and Community Advocates
 
Geoffrey D. Strommer Hobbs Strauss Dean & Walker LLP(503) 242-1745
806 SW Broadway, Suite 900
Portland, OR  97205
GStrommer@hobbsstraus.com
Party name: National Indian Health Board, et al. (Severability Issue)