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Maine Community Health Options v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-1023 Fed. Cir. Dec 10, 2019
TBD TBD TBD OT 2019

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against retroactivity applies to the interpretation of an appropriations rider that is claimed to have impliedly repealed the government’s obligation.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.
May 28 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 24 2019Petition GRANTED. The petitions for writs of certiorari in No. 18-1028 and No. 18-1038 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jun 24 2019Because 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)
Jun 28 2019Blanket Consent filed by Petitioner, Maine Community Health Options
Jul 12 2019Blanket Consent filed by Petitioner, Moda Health Plan, Inc.
Jul 17 2019Joint motion of the parties for an extension of time to file the briefs on the merits filed. VIDED.
Jul 17 2019Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 30, 2019. The time to file respondent's brief on the merits is extended to and including October 21, 2019. VIDED.
Jul 30 2019Motion to dispense with printing the joint appendix filed by petitioners. VIDED.
Aug 16 2019Blanket Consent filed by Petitioner, Land of Lincoln Mutual Health Insurance Compan, and Illinois Nonprofit Insurance Corporation
Aug 30 2019Brief of petitioner Maine Community Health Options filed.
Aug 30 2019Brief of petitioner Land of Lincoln Mutual Health Insurance Company filed. VIDED.
Aug 30 2019Brief of petitioners Moda Health Plan, Inc., and Blue Cross and Blue Shield of North Carolina filed (in 18-1028).
Sep 06 2019Brief amicus curiae of America's Health Insurance Plans filed. VIDED
Sep 06 2019Brief amicus curiae of Chamber of Commerce of the United States of America filed (in 18-1028).
Sep 06 2019Brief amici curiae of Highmark Inc., et al. filed. VIDED.
Sep 06 2019Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED.
Sep 06 2019Brief amicus curiae of National Association of Insurance Commissioners filed. VIDED.
Sep 06 2019Brief amici curiae of 24 States and the District of Columbia filed. VIDED.
Sep 06 2019Brief amicus curiae of Association for Community Affiliated Plans filed. VIDED
Sep 06 2019Brief amici curiae of Wisconsin Physicians Service Insurance Corporation and WPS Health Plan, Inc. filed. VIDED.
Sep 06 2019Brief amici curiae of Economists and Professors M. Kate Bundorf, et al. filed. VIDED
Sep 13 2019SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.
 
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