The D.C. Circuit has ordered a super-expedited briefing schedule in Halbig v. Sebelius. (This is the case that challenges whether the federal government can provide subsidies to exchanges not operated by states). I understand plaintiff’s brief is due in seven (!) days. Oral arguments are scheduled on March 25, 2014 before Judges Randolph, Griffith, and Edwards.

Let’s assume for the moment the panel rules against the administration. What is the next move? Seek en banc review? Or go for cert? I would humbly submit that this calculus is different today than it was before the President’s recent appointments to the D.C. Circuit.

In case you are doing the math at home, for purposes of the en banc court, both Senior Circuit Judges Randolph and Edwards would be able to sit on it as they were on the original panel.