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Maine Community Health Options v. United States

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-1023 Fed. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether—given the “cardinal rule” disfavoring implied repeals, which applies with “especial force” to appropriations acts and requires that repeal not to be found unless the later enactment is “irreconcilable” with the former—an appropriations rider whose text bars the agency’s use of certain funds to pay a statutory obligation, but does not repeal or amend the statutory obligation, and is thus not inconsistent with it, can nonetheless be held to impliedly repeal the obligation by elevating the perceived “intent” of the rider (drawn from unilluminating legislative history) above its text, and the text of the underlying statute; and (2) whether—when the federal government has an unambiguous statutory payment obligation, under a program involving reciprocal commitments by the government and a private company participating in the program—the presumption against retroactivity applies to the interpretation of an appropriations rider that is claimed to have impliedly repealed the government’s obligation.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 04 2019Petition for a writ of certiorari filed. (Response due March 8, 2019)
Feb 22 2019Blanket Consent filed by Petitioner, Maine Community Health Options
Feb 25 2019Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.
Feb 27 2019Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.
Mar 08 2019Brief amici curiae of Economists filed. VIDED.
Mar 08 2019Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED.
Mar 29 2019Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
Apr 01 2019Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
May 08 2019Brief of respondent United States in opposition filed. VIDED.
May 22 2019Reply of petitioner Maine Community Health Options filed.
 
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