|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-1038||Fed. Cir.||Dec 10, 2019||Apr 27, 2020||8-1||Sotomayor||OT 2019|
Holding: The Patient Protection and Affordable Care Act’s now expired “Risk Corridors” statute—which set a formula for calculating payments to healthcare insurers for unexpectedly unprofitable plans during the first three years of online insurance marketplaces—created a government obligation to pay insurers the full amount of their computed losses; and the petitioners properly relied on the Tucker Act to sue for damages in the Court of Federal Claims.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Sotomayor on April 27, 2020. Justices Thomas and Gorsuch joined the court's opinion except for Part III-C. Justice Alito filed a dissenting opinion.
|Date||Proceedings and Orders |
|Feb 04 2019||Petition for a writ of certiorari filed. (Response due March 11, 2019)|
|Feb 25 2019||Motion of United States for an extension of time not accepted for filing. (February 26, 2019 - corrected letter to be submitted)|
|Feb 26 2019||Motion to extend the time to file a response from March 11, 2019 to April 8, 2019, submitted to The Clerk.|
|Feb 27 2019||Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.|
|Mar 08 2019||Brief amici curiae of Economists, et al. filed. VIDED|
|Mar 08 2019||Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED|
|Mar 29 2019||Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.|
|Apr 01 2019||Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.|
|May 08 2019||Brief of respondent United States in opposition filed. VIDED.|
|May 24 2019||Reply of petitioner Land of Lincoln Mutual Health Insurance Company, An Illinois Nonprofit Mutual Insurance Company filed. (Distributed)|
|May 28 2019||DISTRIBUTED for Conference of 6/13/2019.|
|Jun 17 2019||DISTRIBUTED for Conference of 6/20/2019.|
|Jun 24 2019||Petition GRANTED. The petitions for writs of certiorari in No. 18-1023 and No. 18-1028 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.|
|Jun 24 2019||Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1023. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1023. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” (July 17, 2019)|
|Sep 13 2019||SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.|
|Oct 23 2019||Record requested from the U.S.C.A. Federal Circuit.|
|Oct 25 2019||CIRCULATED|
|Nov 05 2019||Record received from the U.S.C.A. Federal Circuit is electronic and located on Pacer.|
|Dec 10 2019||Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.|
|Apr 27 2020||Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Kagan, and Kavanaugh, JJ., joined, and in which Thomas and Gorsuch, JJ., joined as to all but Part III–C. Alito, J., filed a dissenting opinion. VIDED.|
|May 29 2020||JUDGMENT ISSUED.|
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
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