Monday, March 14, 2011

Florida reform case: DOJ asks for "expedited review"

After informing District Court Judge Roger Vinson that it would appeal his ruling on the constitutionality of the Patient Protection and Affordable Care Act, the Justice Department filed an appeal with the 11th Circuit U.S. Court of Appeals on an "expedited basis," as requested by Mr. Vinson in his January 2011 ruling.

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.
According to the Justice Department, "expedition in this case is particularly warranted because of the district court's unprecedented severability ruling, which presents issues that the federal government has not previously addressed in appellate briefs and covers numerous provisions of the Act already in effect."

The appellate case is State of Florida v. United States Department of Health and Human Services, No 11-11021.

For a comprehensive analysis of the ACA, including the full text of the law and additional information on health reform implementation and other recent developments in employee benefits, just click here.


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