|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issue: Whether the United States may invoke a non-statutory mitigation defense to avoid the unambiguous requirement of Section 1402 of the Patient Protection and Affordable Care Act that the government “shall make” cost-sharing reduction payments to insurers in set amounts.
|Date||Proceedings and Orders |
|Feb 24 2021||Petition for a writ of certiorari filed. (Response due March 31, 2021)|
|Mar 12 2021||Blanket Consent filed by Petitioners, Common Ground Healthcare Cooperative, et al.|
|Mar 22 2021||Motion to extend the time to file a response from March 31, 2021 to April 30, 2021, submitted to The Clerk.|
|Mar 23 2021||Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2021.|
|Apr 01 2021||Brief amici curiae of Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc. filed.|
|Apr 30 2021||Memorandum of respondent United States filed.|
|Jun 01 2021||DISTRIBUTED for Conference of 6/17/2021.|
|Jun 01 2021||Reply of petitioners Common Ground Healthcare Cooperative, et al. filed. (Distributed)|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.
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