No. 18-1028
Moda Health Plan, Inc. v. United States
Tags: appropriations appropriations-riders bait-and-switch federal-circuit government-contracts government-obligation health-care health-exchanges health-insurance insurance statutory-commitment statutory-interpretation statutory-promise takings
Latest Conference:
2019-06-20
(distributed 2 times)
Question Presented (from Petition)
Whether Congress can evade its unambiguous statutory promise to pay health insurers for losses already incurred simply by enacting appropriations riders restricting the sources of funds available to satisfy the government's obligation.
Question Presented (AI Summary)
Whether Congress can evade its unambiguous statutory promise to pay health insurers for losses already incurred simply by enacting appropriations riders restricting the sources of funds available to satisfy the government's obligation
Docket Entries
2020-05-29
JUDGMENT ISSUED.
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.
2019-06-17
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
Reply of petitioners Moda Health Plan, Inc., et al. filed. (Distributed)
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
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.
2019-03-08
Brief amicus curiae of The Association for Community Affiliated Plans filed.
2019-03-08
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2019-03-08
Brief amici curiae of Highmark Inc., et al. filed.
2019-03-08
Brief amicus curiae of National Association of Insurance Commissioners filed.
2019-03-08
Brief amici curiae of 18 States and the District of Columbia filed.
2019-03-08
Brief amicus curiae of America's Health Insurance Plans filed.
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.
2019-02-21
Blanket Consent filed by Petitioners, Moda Health Plan, Inc., et al..
2019-02-04
Petition for a writ of certiorari filed. (Response due March 8, 2019)
Attorneys
18 States and the District of Columbia
America's Health Insurance Plans
Blue Cross Blue Shield Association
K. Lee Blalack II — O'Melveny & Myers, LLP, Amicus
Chamber of Commerce of the United States of America
Paul J. Zidlicky — Sidley Austin LLP, Amicus
Economists M. Kate Bundorf; Scott Harrington; Michael Chernew; Leemore S. Dafny; Thomas G. McGuire; Mark V. Pauly; Kosali Simon
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., and L.A. Care Health Plan
Lawrence S. Sher — Reed Smith LLP, Amicus
Moda Health Plan, Inc., et al.
Paul D. Clement — Kirkland & Ellis LLP, Petitioner
National Association of Insurance Commissioners
Derek T. Teeter — Husch Blackwell LLP, Amicus
The Association for Community Affiliated Plans
United States
Noel J. Francisco — Solicitor General, Respondent