The Volokh Conspiracy

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The Supreme Court did not grant certiorari on the House of Representative's Obamacare Cert Petition

After Bethune-Hill, there were not four votes to review the House's petition


This morning, the Supreme Court granted California's petition (19-840), as well as Texas's cross-petition (19-1019).

However, the Court did not grant the House of Representative's petition (19-841).Why? Bethune-Hill v. Virginia State Board of Elections killed legislative standing--especially where only a single House brings the suit. There were not even four votes to grant the House's petition.

The House will likely request argument time as an amicus curiae. The podium will already be quite crowded. California, the Solicitor General, and Texas will get argument time. The private plaintiffs from Texas may also request argument time. And the Court limited the case to a single hour. I think it is unlikely that the House gets time. Don Verrilli no doubt would have loved another round to defend Obamacare before the Supreme Court.