No. 18-1023

Maine Community Health Options v. United States

Lower Court: Federal Circuit
Docketed: 2019-02-06
Status: Judgment Issued
Type: Paid
Amici (1)Relisted (2) Experienced Counsel
Tags: appropriations-act appropriations-rider cardinal-rule implied-repeal legislative-history legislative-intent reciprocal-commitments retroactivity statutory-obligation statutory-payment-obligation
Key Terms:
SocialSecurity ERISA JusticiabilityDoctri
Latest Conference: 2019-06-20 (distributed 2 times)
Related Cases: 18-1028 (Vide) 18-1038 (Vide)
Question Presented (AI Summary)

Whether an appropriations rider can impliedly repeal a statutory payment obligation despite the 'cardinal rule' disfavoring implied repeals

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Given the “cardinal rule” disfavoring implied repeals—which applies with “especial force” to appropriations acts and requires that repeal not be found unless the later enactment is “irreconcilable” with the former—can an appropriations rider whose text bars the agency’s use of certain funds to pay a statutory obligation, but does not repeal or amend the statutory obligation, and is thus not inconsistent with it, nonetheless be held to impliedly repeal the obligation by elevating the perceived “intent” of the rider (drawn from unilluminating legislative history) above its text, and the text of the underlying statute? 2. Where the federal government has an unambiguous statutory payment obligation, under a program involving reciprocal commitments by the government and a private company participating in the program, does the presumption against retroactivity apply to the interpretation of an appropriations rider that is claimed to have impliedly repealed the government’s obligation?

Docket Entries

2020-05-29
JUDGMENT ISSUED.
2019-11-20
Reply of petitioner Moda Health Plan, Inc. filed (in 18-1028). (Distributed)
2019-11-19
Reply of petitioner Maine Community Health Options filed (in 18-1023). (Distributed)
2019-11-05
Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
2019-10-25
CIRCULATED
2019-10-23
Record requested from the U.S.C.A. Federal Circuit.
2019-09-06
Brief amicus curiae of Chamber of Commerce of the United States of America filed (in 18-1028).
2019-08-30
Brief of petitioners Moda Health Plan, Inc., and Blue Cross and Blue Shield of North Carolina filed (in 18-1028).
2019-08-30
Brief of petitioner Maine Community Health Options filed.
2019-08-16
Blanket Consent filed by Petitioner, Land of Lincoln Mutual Health Insurance Compan, and Illinois Nonprofit Insurance Corporation
2019-07-12
Blanket Consent filed by Petitioner, Moda Health Plan, Inc.
2019-06-28
Blanket Consent filed by Petitioner, Maine Community Health Options
2019-06-17
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Reply of petitioner Maine Community Health Options filed.
2019-04-01
Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
2019-03-29
Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
2019-02-27
Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.
2019-02-25
Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.
2019-02-22
Blanket Consent filed by Petitioner, Maine Community Health Options
2019-02-04
Petition for a writ of certiorari filed. (Response due March 8, 2019)

Attorneys

24 States and the District of Columbia
Benjamin Noah GutmanOregon Department of Justice, Amicus
America's Health Insurance Plans
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP, Amicus
Americans for Prosperity
Eric Ryan BolinderCause of Action Institute, Amicus
Association for Community Affiliated Plans
William Lewis RobertsFaegre Baker Daniels LLP, Amicus
Blue Cross Blue Shield Association
K. Lee Blalack IIO'Melveny & Myers, LLP, Amicus
Chamber of Commerce of the United States of America
Paul J. ZidlickySidley Austin LLP, Amicus
Economists and Professors M. Kate Bundorf, et al.
Stephen Andrew SwedlowQuinn Emanuel Urquhart & Sullivan, LLP, Amicus
Economists M. Kate Bundorf; Scott Harrington; Michael Chernew; Leemore S. Dafny; Thomas G. McGuire; Mark V. Pauly; Kosali Simon
Andrew H. SchapiroQuinn Emanuel Urquhart & Sullivan, LLP, Amicus
Highmark Inc.; Blue Cross and Blue Shield Of Kansas City; Blue Cross and Blue Shield of Vermont; Blue Cross of Idaho Health Service, Inc.; Molina Healthcare of California, Inc.; L.A. Care Health Plan
Lawrence S. SherReed Smith LLP, Amicus
Land of Lincoln Mutual Health Insurance Company
Jonathan S. MasseyMassey & Gail LLP, Petitioner
Maine Community Health Options
Stephen John McBradyCrowell & Moring LLP, Petitioner
Moda Health Plan, Inc.
Paul D. ClementKirkland & Ellis LLP, Petitioner
National Association of Insurance Commissioners
Derek T. TeeterHusch Blackwell LLP, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent
Wisconsin Physicians Service Insurance Corporation; WPS Health Plan, Inc.
Frank A. GuminaWPS Health Solutions, Amicus