Update: the federal government updated its notice of appeal yesterday by filing a Motion for Expedition as required by Judge Vinson’s oder and stay. It had until today to do so. It is interesting to note that the DOJ refers to Obamacare as “comprehensive reform of our national health care system….” Until last March when this federal assualt was passed, we did not have a “national health care system.” Now we do.
Here is the DOJ’s proposed briefing schedule (subject to change):Defendants’ Opening Brief: due 4/18/2011;Plaintiffs’ Response Brief: due 5/18/2011; and Defendants’ Reply Brief: due 6/1/2011 (as qualified on page 6)
From earlier this week: Here is a summary of the Notice of Appeal from the Wall Street Journal’s Law Blog:
“The Justice Department on Tuesday appealed judge Roger Vinson’s January ruling that declared the new health-care law unconstitutional. The case will now move to the 11th U.S. Circuit Court of Appeals in Atlanta. Click here for the notice of appeal. (Briefing on the merits of the case will come later.) Click here for all LB coverage of the health-care challenges.
Vinson voided the law in January but stayed his ruling last week, conditioned upon the Obama administration’s appealing it within seven days. He also required the government to seek expedited appellate review.
Two other federal appeals courts, in Richmond, Va., and Cincinnati, are preparing to consider the constitutionality of the law late this spring. To date, three lower courts have found the law constitutional, while two have ruled the other way.”