Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

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Coventry Health Care of Missouri, Inc. v. Nevils

Docket No. Op. Below Argument Opinion Vote Author Term
16-149 Mo. Mar 1, 2017
Tr.Aud.
TBD TBD TBD OT 2016

Issues: (1) Whether the Federal Employees Health Benefits Act pre-empts state laws that prevent carriers from seeking subrogation or reimbursement pursuant to their FEHBA contracts; and (2) whether FEHBA's express-pre-emption provision, 5 U.S.C. § 8902(m)(1), which expressly “preempt[s] any State or local law” that would prevent enforcement of “the terms of any contract” between the Office of Personnel Management and a carrier which “relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits)[,]” violates the supremacy clause.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 1 2016Petition for a writ of certiorari filed. (Response due September 1, 2016)
Aug 12 2016Order extending time to file response to petition to and including October 3, 2016.
Oct 3 2016Brief of respondent Jodie Nevils in opposition filed.
Oct 11 2016Reply of petitioner Coventry Health Care of Missouri, Inc. filed.
Oct 12 2016DISTRIBUTED for Conference of October 28, 2016.
Oct 31 2016DISTRIBUTED for Conference of November 4, 2016.
Nov 4 2016Petition GRANTED.
Dec 19 2016Joint appendix filed. (Statement of costs filed)
Dec 19 2016Brief of petitioner Coventry Health Care of Missouri, Inc. filed.
Dec 20 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner
Dec 22 2016SET FOR ARGUMENT on Wednesday, March 1, 2017.
Dec 27 2016Brief amicus curiae of United States filed.
Dec 27 2016Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Dec 27 2016Brief amici curiae of America's Health Insurance Plans, et al. filed.
Jan 13 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 17 2017Record requested from the Supreme Court of Missouri.
Jan 18 2017CIRCULATED.
Jan 18 2017Brief of respondent Jodie Nevils filed. (Distributed.)
Jan 19 2017Record received from the Supreme Court of Missouri. The record is electronic.
Jan 24 2017Brief amicus curiae of American Association for Justice filed. (Distributed)
Jan 25 2017Brief amici curiae of National Governors Association, et al. filed. (Distributed)
Jan 25 2017Brief amici curiae of Constitutional and Administrative Law Scholars filed. (Distributed)
Jan 25 2017Brief amicus curiae of Missouri Association of Trial Attorneys filed. (Distributed)
Jan 25 2017Brief amici curiae of Montana, et al. filed. (Distributed)
Feb 16 2017Reply of petitioner Coventry Health Care of Missouri, Inc. filed. (Distributed)
Feb 17 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 1 2017Argued. For petitioner: Miguel A. Estrada, Washington, D. C.; and Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Matthew Wessler, Washington, D. C.
 
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