Rather than file the expedited appeal, the Justice Department first asked Mr. Vinson to "clarify" his original ruling. In response, Mr. Vinson issued a brief stay of his original order, pending the DOJ's motion for appeal.
The motion for expedition of appeal asks the court to "establish the following briefing schedule, with oral argument to follow on an expedited basis as determined by the Court:"
- Defendants' Opening Brief: due 4/18/2011,
- Plaintiffs' Response Brief: due 5/18/2011,
- Defendants' Reply Brief: due 6/1/2011.
The appellate case is State of Florida v. United States Department of Health and Human Services, No 11-11021.
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