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No. 11-393 Vide 11-400 Title: National Federation of Independent Business, et al., Petitioners v.

September 28, 2011 Kathleen Sebelius, Secretary of Health and Human Services, et al. Docketed: United States Court of Appeals for the Eleventh Circuit (11-11021, 11-11067) August 12, 2011

Lower Ct: Case Nos.: Decision Date: ~~~Date~~~ Sep 28 2011 Sep 28 2011 Oct 7 2011 Oct 11 2011 Oct 11 2011 Oct 17 2011 Oct 17 2011 Oct 21 2011 Oct 25 2011 Oct 25 2011 Oct 26 2011 Oct 27 2011 Nov 14 2011

~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ Petition for a writ of certiorari filed. (Response due October 28, 2011) Appendix of National Federation of Independent Business, et al. filed. Consent to the filing of amicus curiae briefs , in support of either party or of neither party, received from counsel for the petitioners. VIDED. Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents, the Solicitor General. VIDED. Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State Respondents, Florida, et al. VIDED. Waiver of right of respondents Florida, et al. to respond filed. Brief of respondents Kathleen Sebelius, Secretary of Health and Human Services, et al. filed. VIDED. Brief amicus curiae of Landmark Legal Foundation filed. Brief amicus curiae of America's Health Insurance Plans filed. VIDED. Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. DISTRIBUTED for Conference of November 10, 2011. Brief amici curiae of Family Research Council, et al. filed. VIDED. (Distributed) Petition GRANTED. The petition for a writ of certiorari in No. 11-400 is granted limited to the issue of severability presented by Question 3 of the petition. The cases are consolidated and a total of 90 minutes is allotted for oral argument

Nov 15 2011 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents, the Solicitor General . VIDED. Nov 16 2011 Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the National Federation of Independent Business, et al. VIDED Nov 18 2011 H. Bartow Farr, III, Esquire, of Washington, D.C., is invited to brief and argue these cases, as amicus curiae, in support of the judgment of the Court of Appeals that the minimum coverage provision of the Patient Protection and Affordable Care Act, 26 U.S.C. 5000A, is severable from the entirety of the remainder of the Act. VIDED Nov 22 2011 Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for Florida, et al. VIDED Dec 3 2011 Motion for leave to intervene filed by Freedom Watch. VIDED. Dec 5 2011 Briefing proposal of the parties and Court-appointed amici curiae filed. VIDED Dec 6 2011 Motion DISTRIBUTED for Conference of December 9, 2011. Dec 7 2011 Letter from counsel for National Federation of Independent Business, et al. regarding Mary Brown received. (Distributed). VIDED Dec 8 2011 Upon consideration of the letter of December 5, 2011, from the Solicitor General on behalf of the parties and the amici curiae invited to brief and argue these cases, the following briefing schedule is adopted. On the Minimum Coverage Provision issue (No. 11-398), the brief of the Solicitor General, not to exceed 16,500 words, is to be filed on or before Friday, January 6, 2012. The briefs of respondents, not to exceed 16,500 words, are to be filed on or before Monday, February 6, 2012. The reply brief, not to exceed 6,600 words, is to be filed on or before Wednesday, March 7, 2012. On the Anti-Injunction Act issue (No. 11-398), the brief of the Court-appointed amicus curiae is to be filed on or before Friday, January 6, 2012. The briefs of the Solicitor General and respondents are to be filed on or before Monday, February 6, 2012. Reply briefs of the Solicitor General and respondents are to be filed on or before Monday, February 27, 2012. The reply brief of the Court-appointed amicus curiae is to be filed on or before Monday, March 12, 2012. VIDED Dec 8 2011 On the Severability issue (Nos. 11-393 and 11-400), the briefs of petitioners are to be filed on or before Friday, January 6, 2012. The brief of the Solicitor General is to be filed on or before Friday, January 27, 2012. The brief of the Court-appointed amicus curiae is to be filed on or before Friday, February 17, 2012. Reply briefs of the Solicitor General and petitioners are to be filed on or before Tuesday, March 13, 2012. On the Medicaid issue (No. 11-400), the brief of petitioners is to be filed

on or before Tuesday, January 10, 2012. The brief of the Solicitor General is to be filed on or before Friday, February 10, 2012. The reply brief is to be filed on or before Monday, March 12, 2012. Other amici curiae shall file separate briefs on each issue they intend to address. The briefs shall be filed within the time allowed under Rule 37.3(a) of the Rules of this Court, except that amici curiae briefs addressing the Severability issue shall be filed on or before the due date for the brief of the party or Court-appointed amicus curiae whose position the brief is supporting. The parties and amici curiae shall identify on the cover of each brief the issue that is addressed in the brief. Amici curiae shall also identify on the cover of the brief the party or parties supported or whether the brief suggests affirmance or reversal, as required by Rule 37.3(a) of the Rules of this Court. VIDED Dec 12 2011 Motion for leave to intervene filed by Freedom Watch DENIED. Dec 19 2011 SET FOR ARGUMENT ON Wednesday, March 28, 2012 (Severability). VIDED Jan 4 2012 Motion to add parties Dana Grimes and David Klemencic as additional petitioners in No. 11-393 and additional respondents in Nos. 11-398 and 11-400 filed by petitioners National Federation of Independent Business, et al. VIDED. Jan 4 2012 Brief amicus curiae of American Civil Rights Union (Severability) filed. VIDED. Jan 5 2012 Brief amicus curiae of Freedom Watch filed. VIDED. Jan 5 2012 Motion of Freedom Watch for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. Jan 6 2012 Joint appendix (Minimum Coverage Provision, Anti-Injunction Act, and Severability) filed. VIDED. (Statement of costs filed) Jan 6 2012 Brief of petitioners National Federation of Independent Business, et al. (Severability) filed. VIDED. (Distributed) Jan 6 2012 Brief amici curiae of American Hospital Association, et al. (Severability) filed. VIDED. (Distributed) Jan 6 2012 Brief amicus curiae of Chamber of Commerce of the United States of America (Severability) filed. VIDED. (Distributed) Jan 6 2012 Brief of respondents Florida, et al. (Severability) filed. VIDED. (Distributed) Jan 6 2012 Brief amici curiae of America's Health Insurance Plans and The Blue Cross Blue Shield Association (Severability) filed. VIDED. (Distributed) Jan 6 2012 Brief amici curiae of American Center for Law and Justice, et al. (Severability) filed. VIDED. (Distributed)

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Brief amicus curiae of National Restaurant Association (Severability) filed. VIDED. (Distributed) Brief amici curiae of Family Research Council, et al. (Severability) filed. VIDED. (Distributed) Brief amicus curiae of Justice and Freedom Fund (Severability) filed. VIDED. (Distributed) Brief amicus curiae of Western Center for Journalism (Severability) filed. (Distributed) Brief amicus curiae of United States Senate (Severability) filed. VIDED. (Distributed) Brief amici curiae of Association of American Physicians and Surgeons, et al. (Severability) filed. VIDED. (Distributed) Brief amici curiae of Economists (Severability) filed. VIDED. (Distributed) Brief amici curiae of Competitive Enterprise Institute, et al. (Severability) filed. VIDED. (Distributed) Brief amici curiae of Texas Public Policy Foundation and Cato Institute (Severability) filed. VIDED. (Distributed) Motion DISTRIBUTED for Conference of January 13, 2012. Record received from U.S.C.A. for 11th Circuit. (1 box) CIRCULATED Record received from U.S.D.C. for Northern District of Florida. (1 box) The remainder of the record is electronic. Motion to add parties Dana Grimes and David Klemencic as additional petitioners in No. 11-393 and additional respondents in Nos. 11-398 and 11-400 filed by petitioners National Federation of Independent Business, et al. GRANTED. VIDED. Motion of Freedom Watch for leave to participate in oral argument as amicus curiae and for divided argument DENIED. Justice Kagan took no part in the consideration or decision of this motion. Brief of respondents Department of Health and Human Services, et al. (Severability) filed. VIDED. (Distributed) Brief amici curiae of California, et al. (Severability) filed. VIDED. (Distributed) Brief amici curiae of American Public Health Association, et al. (Severability) filed. VIDED. (Distributed) Brief amici curiae of AARP, et al. (Severability) filed. VIDED. (Distributed) Brief amicus curiae of American Academy of Actuaries (Severability) filed. VIDED. (Distributed) Brief amici curiae of Michigan Legal Services, Inc., et al. (Severability) filed. VIDED. (Distributed) Brief amici curiae of National Indian Health Board, et al. (Severability Issue) filed. VIDED.

(Distributed) Jan 27 2012 Brief amici curiae of American Medical Student Association, et al. (Severability) filed. VIDED. (Distributed) Jan 27 2012 Brief amicus curiae of American Benefits Council (Severability) filed. VIDED. (Distributed) Jan 30 2012 Motion for reconsideration for leave to participate in oral argument as amicus curiae and for divided argument filed by Freedom Watch. VIDED. Feb 3 2012 Motion for divided argument and enlargement of time for oral argument on the Anti-Injunction Act issue filed by respondents Kathleen Sebelius, Secretary of Health and Human Services, et al., joined by both Court-appointed counsel. VIDED. Feb 3 2012 Motion for divided argument and enlargement of time for oral argument on the Anti-Injunction Act issue filed by Florida, et al. and National Federation of Independent Business, et al. VIDED. Feb 6 2012 Brief amicus curiae of Missouri (Severability) filed. VIDED. (Distributed) Feb 15 2012 Brief amici curiae of David R. Riemer and Community Advocates (Severability) filed. VIDED. (Distributed) Feb 15 2012 Brief amicus curiae of The Washington and Lee University School of Law Black Lung Clinic (Severability) filed. VIDED. (Distributed) Feb 17 2012 Brief amici curiae of Asian & Pacific Islander American Health Forum, et al. (Severability) filed. VIDED. (Distributed) Feb 17 2012 Brief amici curiae of Joella Swan, et al. (Severability) filed. VIDED. (Distributed) Feb 17 2012 Brief amicus curiae of Court-appointed amicus curiae (Severability) filed. VIDED. (Distributed) Feb 21 2012 Upon consideration of the motions pertaining to the allocation of oral argument time, the following allocation of oral argument time is adopted. On the Anti-Injunction Act issue (No. 11-398), the Court-appointed amicus curiae is allotted 40 minutes, the Solicitor General is allotted 30 minutes, and the respondents are allotted 20 minutes. On the Minimum Coverage Provision issue (No. 11398), the Solicitor General is allotted 60 minutes, respondents Florida, et al. are allotted 30 minutes, and respondents National Federation of Independent Business, et al. are allotted 30 minutes. On the Severability issue (Nos. 11-393 and 11-400), the petitioners are allotted 30 minutes, the Solicitor General is allotted 30 minutes, and the Court-appointed amicus curiae is allotted 30 minutes.On the Medicaid issue (No. 11-400), the petitioners are allotted 30 minutes, and the Solicitor General is allotted 30 minutes. Feb 27 2012 Motion for reconsideration of order denying leave to participate in oral argument as amicus curiae

and for divided argument filed by Freedom Watch DENIED. Justice Kagan took no part in the consideration or decision of this motion. VIDED. Mar 13 2012 Reply of respondents Kathleen Sebelius, Secretary of Health and Human Services, et al. (Severability) filed. VIDED. (Distributed) Mar 13 2012 Reply of petitioners National Federation of Independent Business, et al. (Severability) filed. VIDED. (Distributed) Mar 13 2012 Reply of respondents Florida, et al. (Severability) filed. VIDED. (Distributed) Mar 14 2012 Letter from the Solicitor General proposing to lodge 10 copies of the Government Printing Office Compilation of the Patient Protection and Affordable Care Act. (Distributed) s Mar 15 2012 Proposal from Court-appointed amicus counsel to lodge copies of a report by the Rand Foundation, "The Effect of the Affordable Care Act on Enrollment and Premiums, With and Without the Individual Mandate." VIDED. (Distributed) Mar 17 2012 Motion for leave to intervene, in support of Court-appointed amicus on the issue of severability, filed by David Boyle. VIDED. Mar 28 2012 Motion DISTRIBUTED for Conference of April 13, 2012. Mar 28 2012 Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: H. Bartow Farr, III, Washington, D. C. Apr 16 2012 Motion for leave to intervene filed by David Boyle DENIED. VIDED. Apr 25 2012 Letter received from National Federation of Independent Business (Distributed) May 7 2012 Motion for reconsideraton of motion for leave to intervene, in support of Court-appointed amicus on the issue of severability filed by David Boyle. VIDED. May 22 2012 Motion DISTRIBUTED for Conference of June 7, 2012. Jun 11 2012 Motion of David Boyle for reconsideration of motion for leave to intervene DENIED. VIDED