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1/ Update in Obamacare litigation. In November, I predicted the Democratic-controlled House would retain Don Verrilli to defend ACA.
2/ Tonight--after California filed its notice of appeal--Don filed his notice of appearance on behalf of the House. Once again he will have the responsibility of defending Obamacare. What did I say? Groundhog Day. 
3/ I've posted the opposed motion to intervene here. Intervenor States take no position. scribd.com/document/39677…
4/ One procedural note. California filed its notice of appeal earlier today. That move generally divests the district court of any jurisdiction. Any intervention will have to be dealt with at the 5th Circuit, not with Judge O'Connor.
5/ See Ross v. Marshall, 426 F.3d 745, 751 (5th Cir. 2005). This case held that a notice of appeal "deprives a district court of jurisdiction to entertain a motion to intervene after a valid notice of appeal has been filed." casetext.com/case/ross-v-ma…
6/ California, by filing the notice of appeal earlier today, frustrated the House's efforts to intervene. I noted earlier that the states did not support the House's intervention.
7/ Verrilli's motion notes that he does not seek to intervene in the District Court on Count 1, for which a notice of appeal was already filed. He will seek intervention at the Court of Appeals.
8/ Verrilli, on behalf of the House, has now moved to intervene in the 5th Circuit proceedings. scribd.com/document/39700…
