Today the government moved for en banc rehearing in Halbig, as expected. (HT: Rachana Dixit Pradhan @ insidehealthpolicy.com.) I have not had the chance to review the petition but thought I would share it. (For those looking to brush up on some of the blog debate on the case before reading, see here and here. For more details on the en banc process see my earlier post here.)
The Government argues that rehearing en banc is warranted because the “disruption threatened” by Halbig makes the case one with exceptional importance. One interesting bit did catch my eye, in light of that assertion. It is footnote 7, which offers the Government’s view on the impact of the ruling in Halbig, and might be taken as sort of a cf.:
“The panel majority suggested that its ruling would apply nationwide, Op. 41-42, but it did not squarely hold as much or address the many reasons why relief should not extend beyond the named plaintiffs. The panel’s decision does not control in other circuits, just as the Fourth Circuit’s King decision does not control here.”
Here is the petition: Halbig En Banc Petition