Record Number of Amicus Briefs Filed in Health Care Cases

The Supreme Court has received 136 friend-of-the-court briefs in the health care cases, according to Bloomberg’s tally based on the copies available in the court’s public information office. That’s an unofficial record, topping the 102 Bloomberg counted in the 2003 university affirmative action cases. The Supreme Court doesn’t release official numbers for amicus briefs.

The filings include six on the Anti-Injunction Act, 79 on the individual mandate (most of them opposed to the mandate), 27 on severability, 23 on the Medicaid expansion and one calling for Justice Elena Kagan’s recusal. The figures exclude briefs filed by the two court-appointed lawyers who will argue on severability and the Anti-Injunction Act.

The filings come from interest groups, trade associations, state and federal lawmakers, economists, historians and law professors.

Check out Bloomberg’s list of health care cases primary sources, including statutes, court opinions and briefs.

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