|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-420||4th Cir.||N/A||N/A||N/A||N/A||OT 2011|
Issue: (1) Whether the United States Circuit Court of Appeals for the Fourth Circuit erred when it became the first circuit to deny that a state of the Union has standing to defend its own code of laws; (2) whether the Fourth Circuit erred, and opened a circuit split, when it construed the Virginia Health Care Freedom Act contrary to the construction placed upon it by the chief law officer of the Commonwealth of Virginia by holding it to be merely symbolic and therefore not a real law capable of giving rise to a sovereign injury; (3) whether the Fourth Circuit erred when it read the political question doctrine prong of Massachusetts v. Mellon as having continued vitality so as to prevent a state from challenging an enactment of the United States on enumerated powers grounds; and (4) whether the power claimed by Congress in the Patient Protection and Affordable Care Act (PPACA) to mandate that a citizen purchase a good or service from another citizen is unconstitutional because the claimed power exceeds the outer limits of the Commerce Clause even as executed by the Necessary and Proper Clause.
|Date||Proceedings and Orders |
|Sep 30 2011||Petition for a writ of certiorari filed. (Response due November 3, 2011)|
|Oct 18 2011||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received counsel for the respodents, the U.S. Solicitor General.|
|Nov 3 2011||Brief amici curiae of Virginia Delegate Bob Marshall, et al. filed.|
|Nov 3 2011||Brief of respondent Kathleen Sebelius, Secretary of Health and Human Services in opposition filed.|
|Nov 3 2011||Brief amici curiae of Pacific Legal Foundation, et al. filed.|
|Nov 7 2011||DISTRIBUTED for Conference of November 22, 2011.|
|Jun 25 2012||DISTRIBUTED for Conference of June 28, 2012.|
|Jun 29 2012||Petition DENIED.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
First up, a piece from @stevenmazie on how to reform oral arguments after the pandemic.
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