Legal Commentary

Amicus Briefs in the Fourth Circuit Mandate Litigation

By Orin Kerr

Today was the due date for amicus briefs in support of the federal government in the Fourth Circuit?s individual mandate case, and the ACA Litigation blog has all the links. According to that blog, 18 amicus briefs were filed in support of the appellant federal government and 1 was filed in support of neither party. I?ve only skimmed a few of them, but the most noteworthy I?ve seen so far is the brief of the hospital organizations, which you can read here. Unlike many of the other briefs, it focuses on the facts on the ground and the economics of patient care (see starting at page 9). I think that?s the most effective strategy for the government?s side of the case; why DOJ hasn?t made the argument that way is a bit of a mystery to me. Anyway, the brief won?t influence any opinions here at the VC, as most folks here are pretty passionately locked in. But I suspect judges will find it effective.

Full post as published by The Volokh Conspiracy on March 08, 2011 (boomark / email).