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Maine Community Health Options v. United States

Consolidated with:

Docket No. Argument Opinion Vote Author Term
18-1023 Dec 10, 2019 Apr 27, 2020 8-1 Sotomayor OT 2019

Holding: The Patient Protection and Affordable Care Act"s now expired "Risk Corridors" statute"which set a formula for calculating payments to healthcare insurers for unexpectedly unprofitable plans during the first three years of online insurance marketplaces"created a government obligation to pay insurers the full amount of their computed losses; and the petitioners properly relied on the Tucker Act to sue for damages in the Court of Federal Claims.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Sotomayor on April 27, 2020. Justices Thomas and Gorsuch joined the court's opinion except for Part III-C. Justice Alito filed a dissenting opinion.

DateProceedings and Orders (key to color coding)
02/04/2019Petition for a writ of certiorari filed. (Response due March 8, 2019)
02/22/2019Blanket Consent filed by Petitioner, Maine Community Health Options
02/25/2019Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.
02/27/2019Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.
03/08/2019Brief amici curiae of Economists filed. VIDED.
03/08/2019Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED.
03/29/2019Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
04/01/2019Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
05/08/2019Brief of respondent United States in opposition filed. VIDED.
05/22/2019Reply of petitioner Maine Community Health Options filed.
05/28/2019DISTRIBUTED for Conference of 6/13/2019.
06/17/2019DISTRIBUTED for Conference of 6/20/2019.
06/24/2019Petition GRANTED. The petitions for writs of certiorari in No. 18-1028 and No. 18-1038 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
06/24/2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1023. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1023. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” (July 17, 2019)
06/28/2019Blanket Consent filed by Petitioner, Maine Community Health Options
07/12/2019Blanket Consent filed by Petitioner, Moda Health Plan, Inc.
07/17/2019Joint motion of the parties for an extension of time to file the briefs on the merits filed. VIDED.
07/17/2019Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 30, 2019. The time to file respondent's brief on the merits is extended to and including October 21, 2019. VIDED.
07/30/2019Motion to dispense with printing the joint appendix filed by petitioners. VIDED.
08/16/2019Blanket Consent filed by Petitioner, Land of Lincoln Mutual Health Insurance Compan, and Illinois Nonprofit Insurance Corporation
08/30/2019Brief of petitioner Maine Community Health Options filed.
08/30/2019Brief of petitioner Land of Lincoln Mutual Health Insurance Company filed. VIDED.
08/30/2019Brief of petitioners Moda Health Plan, Inc., and Blue Cross and Blue Shield of North Carolina filed (in 18-1028).
09/06/2019Brief amicus curiae of America's Health Insurance Plans filed. VIDED
09/06/2019Brief amicus curiae of Chamber of Commerce of the United States of America filed (in 18-1028).
09/06/2019Brief amici curiae of Highmark Inc., et al. filed. VIDED.
09/06/2019Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED.
09/06/2019Brief amicus curiae of National Association of Insurance Commissioners filed. VIDED.
09/06/2019Brief amici curiae of 24 States and the District of Columbia filed. VIDED.
09/06/2019Brief amicus curiae of Association for Community Affiliated Plans filed. VIDED
09/06/2019Brief amici curiae of Wisconsin Physicians Service Insurance Corporation and WPS Health Plan, Inc. filed. VIDED.
09/06/2019Brief amici curiae of Economists and Professors M. Kate Bundorf, et al. filed. VIDED
09/13/2019SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.
10/07/2019Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
10/21/2019Brief of respondent United States filed. VIDED.
10/23/2019Record requested from the U.S.C.A. Federal Circuit.
10/25/2019CIRCULATED
10/25/2019Brief amicus curiae of Americans for Prosperity filed. VIDED. (Distributed)
10/25/2019Motion for enlargement of time for oral argument and for divided argument filed by petitioners. VIDED.
11/05/2019Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
11/12/2019Motion for enlargement of time for oral argument and for divided argument DENIED. VIDED.
11/19/2019Reply of petitioner Maine Community Health Options filed (in 18-1023). (Distributed)
11/20/2019Reply of petitioner Moda Health Plan, Inc. filed (in 18-1028). (Distributed)
11/20/2019Reply of petitioner Land of Lincoln Mutual Health Insurance Company filed. VIDED. (Distributed)
12/10/2019Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
04/27/2020Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Kagan, and Kavanaugh, JJ., joined, and in which Thomas and Gorsuch, JJ., joined as to all but Part III–C. Alito, J., filed a dissenting opinion. VIDED.
05/29/2020JUDGMENT ISSUED.