Moda Health Plan, Inc. v. United States

Consolidated with:

Docket No.	Argument	Opinion	Vote	Author	Term
18-1028	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.

SCOTUSblog Coverage

Live blog of orders and opinions (Update: Completed) (Kalvis Golde, April 27, 2020)
Opinion analysis: Decisive win for health insurers seeking compensation for ACA losses (Amy Howe, April 27, 2020)
Argument analysis: Justices appear sympathetic to insurers in dispute over risk-corridor compensation (Amy Howe, December 10, 2019)
Argument preview: Justices to consider Affordable Care Act, risk corridors and implied repeals (Amy Howe, December 4, 2019)
Justices bulk up next terms docket (Amy Howe, June 24, 2019)
Relist Watch (John Elwood, June 20, 2019)
Petitions of the week (Aurora Barnes, March 8, 2019)

Date	Proceedings and Orders (key to color coding)
02/04/2019	Petition for a writ of certiorari filed. (Response due March 8, 2019)
02/21/2019	Blanket Consent filed by Petitioners, Moda Health Plan, Inc., et al..
02/25/2019	Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.
02/27/2019	Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.
03/08/2019	Brief amicus curiae of America's Health Insurance Plans filed.
03/08/2019	Brief amici curiae of 18 States and the District of Columbia filed.
03/08/2019	Brief amicus curiae of National Association of Insurance Commissioners filed.
03/08/2019	Brief amici curiae of Highmark Inc., et al. filed.
03/08/2019	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
03/08/2019	Brief amici curiae of Economists, et al. filed. VIDED
03/08/2019	Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED
03/08/2019	Brief amicus curiae of The Association for Community Affiliated Plans filed.
03/08/2019	Amicus brief of 18 States and the District of Columbia not accepted for filing. (Corrected version submitted)
03/29/2019	Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
04/01/2019	Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
05/08/2019	Brief of respondent United States in opposition filed. VIDED.
05/28/2019	DISTRIBUTED for Conference of 6/13/2019.
05/28/2019	Reply of petitioners Moda Health Plan, Inc., et al. filed. (Distributed)
06/17/2019	DISTRIBUTED for Conference of 6/20/2019.
06/24/2019	Petition GRANTED. The petitions for writs of certiorari in No. 18-1023 and No. 18-1038 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
06/24/2019	Because 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)
09/13/2019	SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.
10/23/2019	Record requested from the U.S.C.A. Federal Circuit.
10/25/2019	CIRCULATED
11/05/2019	Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
12/10/2019	Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
04/27/2020	Judgment 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.
05/29/2020	JUDGMENT ISSUED.