The Obama administration and the 26 states opposing the Patient Protection and Affordable Care Act filed briefs on the law’s constitutionality this week, one week earlier than their deadline, in what looks to be a push to have the case heard in March, rather than April.
As legal scholars see it, this could help ensure that the case is properly heard. Many have speculated that the Court doesn’t do it’s best work between final arguments in April and the term’s end in late June, particularly in a season that is anticipated to be one of the most significant in recent history. Having the case argued in March would give justices an extra month to write their opinions.
Not all justices are looking forward to participating in the debate, however.
“I’m not going to waste my time reading that stuff,” said Justice Antonin Scalia Tuesday at the Chicago-Kent College of Law in Chicago. “I make my law clerks read it.”