The Supreme Court has scheduled a November 10 conference to consider five of the six Obamacare appeals. By November 14, the country will know which cases, if any, have been accepted for oral arguments.
The facts suggest that the justices will accept an appeal from the 11th Circuit. That case, found in favor of Florida and 25 other states, created a circuit split and has been appealed by the federal government.
It would also be argued by former solicitor general, Paul Clement.
Clement has had a remarkable career since leaving his post as solicitor general. In fact, it often appears as though he has his hands in everything.
In just the last year, he successfully represented California's prison population; negotiated on behalf of the National Basketball Association and National Football League; was hired by Congress to defend the Defense of Marriage Act; and took on the defense of Arizona's controversial immigration law.
Some believe that Clement's high profile and familiarity with the Court makes his Obamacare appeal a shoe-in, reports the New York Times. The former Scalia clerk has argued 54 cases in front of the Court, and will undoubtedly present a professional and intelligent argument.
Paul Clement doesn't necessarily think a recognizable name will have much bearing on the Court's decision. Instead, Clement told the Times that the 11th Circuit case involves an unconstitutional federal statute, a circuit split, and a petition by the federal government. He can't recall "a case that had those three things going for it that wasn't granted."
Even if the Supreme Court decides against Paul Clement, it's bound to hear at least one Obamacare appeal. Interested parties should expect oral arguments sometime next spring.
- Obama Health Law at Supreme Court (Atlanta Journal-Constitution)
- Paul Clement Leaves King & Spalding Over DOMA Defense (FindLaw's Greedy Associates)
- Feds, States Take Obamacare Case to the Supreme Court (FindLaw's Courtside)