National Federation of Independent Business v. Sebelius

Background

On December 5, 2011, the Solicitor General — the Government’s principal lawyer — sent a letter proposing timing for briefing in several related cases. The cases raise separate questions about a minimum coverage provision, the Anti‑Injunction Act, severability, and Medicaid. The Court adopted a coordinated schedule that specifies who must file briefs, when those briefs are due, and length limits for certain filings. The schedule covers briefs by the Solicitor General, the parties, a Court‑appointed amicus, and other invited outside groups.

Reasoning

Rather than resolve the underlying legal disputes, the Court’s action sets firm procedural deadlines. For the minimum coverage issue the Solicitor General’s brief (up to 16,500 words) is due January 6, 2012; respondents’ briefs (up to 16,500 words) are due February 6, 2012; and a reply (up to 6,600 words) is due March 7, 2012. The order likewise sets dates for briefs on the Anti‑Injunction Act, severability, and Medicaid questions and requires amici to file within the Court’s usual time limits or by the date of the party they support. Each brief must identify which issue it addresses and whom it supports or whether it suggests affirming or reversing.

Real world impact

This order only controls timing: it affects lawyers, government counsel, and outside groups who must prepare and file detailed briefs by the listed deadlines. It does not decide the merits of any case, and the schedule could be modified later if the Court directs. Interested organizations and states will need to coordinate their filings.