Editor's Note :

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On Tuesday, the justices will hear oral argument in Department of Homeland Security v. Regents of the University of California. Amy Howe has our preview.
Also on Tuesday, the justices will hear oral argument in Hernandez v. Mesa. Amy Howe has our preview.

Briefly Mentioned :

Briefly Noted :

The Supreme Court released additional orders from the November 8 conference. The justices did not add any new cases to their merits docket.

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. 		Apr 18, 2017 8-0 Ginsburg OT 2016

Holding: (1) Because contractual subrogation and reimbursement prescriptions plainly "relate to ... payments with respect to benefits," as stated in the Section 8902(m)(1) of the Federal Employees Health Benefits Act of 1959, they override state laws barring subrogation and reimbursement; and (2) the regime Congress enacted is compatible with the supremacy clause.

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Ginsburg on April 18, 2017. Justice Thomas filed a concurring opinion. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
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.
Apr 18 2017Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which all other Members joined, except Gorsuch, J., who took no part in the consideration or decision of the case. Thomas, J., filed a concurring opinion.
May 22 2017JUDGMENT ISSUED.
May 22 2017MANDATE ISSUED.
 
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