Government's Reply Brief in Franck's Case Due Today

The Department of Justice (DOJ), who represents the United States Food and Drug Administration, reply brief is due today, May 1, 2012, in the Franck's case.  A reply brief is normally limited both in page number (15 pages or no more than 7,000 words) See Fed. R. App. P. 28.1(e)(1) and 28.1(e)(3); 37(a)(7)(b)(ii) and arguments in that the party replying normally can address only the arguments the other party made and is generally prohibited from raising any new arguments.  See Fed. R. App. P. 27(a)(4) ("A reply must not present matters that do not relate to the response).  Franck's most likely will not be able to file a brief in response to DOJ's reply brief.  See Fed. R. App.  P. 28(c)("Unless the court permits, no further briefs may be filed.").   The parties filing as amicus also cannot file a reply brief without permission from the court.  See Fed. R. App. P. 29(f).   DOJ has until midnight in the court's time zone (Eastern Time Zone)  to file the reply.  See Fed. R. App. P. 26(a)(4)(a).  As soon as DOJ's reply brief is filed and available, it will be posted here.