Just a note on the ACA cases. While they will likely be argued in the October sitting of the October 2020 Term, there is absolutely ZERO chance they will be decided prior to the General Election. I would not expect a decision in those cases any sooner than January 2021.
And of course, they all come down to “whatever the **** Roberts decides.” I am not going to venture an opinion on these cases become neither myself nor anybody else on this planet, other than Roberts himself, knows what is going to happen. I am just going to let it play out.
I would like to see Obamacare die in its entirety, but I don’t have a ******* clue as to the future of this case.
Supreme Court order list for 3/20/20.
CERTIORARI GRANTED
19-547 FISH AND WILDLIFE SERV., ET AL. V. SIERRA CLUB, INC.
The petition for a writ of certiorari is granted.
19-840 ) CALIFORNIA, ET AL. V. TEXAS, ET AL.
19-1019 ) TEXAS, ET AL. V. CALIFORNIA, ET AL.The motion of 33 State Hospital Associations for leave to file a brief as amici curiae in No. 19-840 is granted. The petitions for writs of certiorari are granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
19-5410 BORDEN, CHARLES V. UNITED STATES
The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to Question 1 presented by the petition.
Issue : Whether Exemption 5 of the Freedom of Information Act, by incorporating the deliberative process privilege, protects against compelled disclosure of a federal agency’s draft documents that were prepared as part of a formal interagency consultation process under Section 7 of the Endangered Species Act of 1973 and that concerned a proposed agency action that was later modified in the consultation process.
The following two cases are consolidated:
Issues : (1) Whether the individual and state plaintiffs in this case have established Article III standing to challenge the minimum-coverage provision in Section 5000A(a) of the Patient Protection and Affordable Care Act (ACA); (2) whether reducing the amount specified in Section 5000A(c) to zero rendered the minimum-coverage provision unconstitutional; and (3) if so, whether the minimum-coverage provision is severable from the rest of the ACA.
Issues : (1) Whether the unconstitutional individual mandate to purchase minimum essential coverage is severable from the remainder of the Patient Protection and Affordable Care Act; and (2) whether the district court properly declared the ACA invalid in its entirety and unenforceable anywhere.
Issue : Whether the “use of force” clause in the Armed Career Criminal Act encompasses crimes with a mens rea of mere recklessness.
