Editor's Note :

Editor's Note :

We expect orders from the justices' May 25 conference on Tuesday at 9:30 a.m. There is also a possibility of opinions on Tuesday at 10 a.m. We will begin live-blogging at 9:25 a.m.

Virginia v. Sebelius

Petition for certiorari denied on June 29, 2012
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.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 30 2011Petition for a writ of certiorari filed. (Response due November 3, 2011)
Oct 18 2011Consent 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 2011Brief amici curiae of Virginia Delegate Bob Marshall, et al. filed.
Nov 3 2011Brief of respondent Kathleen Sebelius, Secretary of Health and Human Services in opposition filed.
Nov 3 2011Brief amici curiae of Pacific Legal Foundation, et al. filed.
Nov 7 2011DISTRIBUTED for Conference of November 22, 2011.
Jun 25 2012DISTRIBUTED for Conference of June 28, 2012.
Jun 29 2012Petition DENIED.
 
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