Repeat appearances on health care
U.S. Solicitor General Donald B. Verrilli, Jr., and one of his predecessors, Paul D. Clement, now a private Washington attorney, will argue before the Supreme Court three times each — on three different issues — during the Justices’ hearings on the new health care law March 26-28. The Court on Thursday afternoon released the hearing list for the two-week sitting that begins next Monday, March 19.
Here is the lineup of counsel for the Affordable Care Act arguments:
Monday, March 26 — 10 a.m. – 90-minute hearing on whether the challenges to the individual insurance mandate are barred by the federal Anti-Injunction Act — Washington attorney Robert A. Long, Jr., appointed as amicus by the Court, 40 minutes to argue that the challenges are barred; Verrilli, with 30 minutes for the United States, and Washington attorney Gregory G. Katsas with 20 minutes for the challengers, each arguing that the Act does not bar the challenges.
Tuesday, March 27 — 10 a.m. – two-hour hearing on the constitutionality of the individual mandate — Verrilli, with 60 minutes for the United States, defending the mandate, and — each arguing that the mandate is unconstitutional — Clement, with 30 minutes for 26 states, and Washington attorney Michael A. Carvin, with 30 minutes for the National Federation of Independent Business and four individuals.
Wednesday, March 28 — 10 a.m. — 90-minute hearing on what other parts of the ACA, if any, survive if the mandate is struck down — Clement, with 30 minutes to argue that the entire ACA must fall, Deputy U.S. Solicitor General Edwin S. Kneedler, with 30 minutes to argue that only two parts of the law must fall with the mandate (provisions that insurers must issue policies even to those with preexisting medical conditions, and that insurers may not raise their premiums without limits in order to cover their new coverage obligations), and Washington attorney H. Bartow Farr III, appointed as amicus by the Court, with 30 minutes to argue that no other part of the ACA must fall.
Wednesday, March 28 — 1 p.m. — one-hour hearing on the constitutionality of the expansion of the Medicaid program of health care for the poor — Clement, for the 26 states, with 30 minutes to argue that the expansion is unconstitutional, Verrilli, with 30 minutes to defend the expansion’s constitutionality.
Recommended Citation: Lyle Denniston, Repeat appearances on health care, SCOTUSblog (Mar. 15, 2012, 5:00 PM), http://www.scotusblog.com/2012/03/repeat-appearances-on-health-care/