No. 18-1023
Vide 18-1028, 18-1038
 
Title: Maine Community Health Options, Petitioner
v.
United States
Docketed: February 6, 2019
Lower Ct: United States Court of Appeals for the Federal Circuit
   Case Numbers: (2017-2395)
   Decision Date: July 9, 2018
   Rehearing Denied: November 6, 2018
Questions Presented
 
Proceedings and Orders
Feb 04 2019 Petition for a writ of certiorari filed. (Response due March 8, 2019)
Feb 22 2019 Blanket Consent filed by Petitioner, Maine Community Health Options
Feb 25 2019 Motion to extend the time to file a response from March 8, 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 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 22 2019 Reply of petitioner Maine Community Health Options filed.
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. 18-1028 and No. 18-1038 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jun 24 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)
Jun 28 2019 Blanket Consent filed by Petitioner, Maine Community Health Options
Jul 12 2019 Blanket Consent filed by Petitioner, Moda Health Plan, Inc.
Jul 17 2019 Joint motion of the parties for an extension of time to file the briefs on the merits filed. VIDED.
Jul 17 2019 Joint 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 2019 Motion to dispense with printing the joint appendix filed by petitioners. VIDED.
Aug 16 2019 Blanket Consent filed by Petitioner, Land of Lincoln Mutual Health Insurance Compan, and Illinois Nonprofit Insurance Corporation
Aug 30 2019 Brief of petitioner Maine Community Health Options filed.
Aug 30 2019 Brief of petitioner Land of Lincoln Mutual Health Insurance Company filed. VIDED.
Aug 30 2019 Brief of petitioners Moda Health Plan, Inc., and Blue Cross and Blue Shield of North Carolina filed (in 18-1028).
Sep 06 2019 Brief amicus curiae of America's Health Insurance Plans filed. VIDED
Sep 06 2019 Brief amicus curiae of Chamber of Commerce of the United States of America filed (in 18-1028).
Sep 06 2019 Brief amici curiae of Highmark Inc., et al. filed. VIDED.
Sep 06 2019 Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED.
Sep 06 2019 Brief amicus curiae of National Association of Insurance Commissioners filed. VIDED.
Sep 06 2019 Brief amici curiae of 24 States and the District of Columbia filed. VIDED.
Sep 06 2019 Brief amicus curiae of Association for Community Affiliated Plans filed. VIDED
Sep 06 2019 Brief amici curiae of Wisconsin Physicians Service Insurance Corporation and WPS Health Plan, Inc. filed. VIDED.
Sep 06 2019 Brief amici curiae of Economists and Professors M. Kate Bundorf, et al. filed. VIDED
Sep 13 2019 SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.
Oct 07 2019 Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
Oct 21 2019 Brief of respondent United States filed. VIDED.
Oct 23 2019 Record requested from the U.S.C.A. Federal Circuit.
Oct 25 2019 CIRCULATED
Oct 25 2019 Brief amicus curiae of Americans for Prosperity filed. VIDED. (Distributed)
Oct 25 2019 Motion for enlargement of time for oral argument and for divided argument filed by petitioners. VIDED.
Nov 05 2019 Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Nov 12 2019 Motion for enlargement of time for oral argument and for divided argument DENIED. VIDED.
Nov 19 2019 Reply of petitioner Maine Community Health Options filed (in 18-1023). (Distributed)
Nov 20 2019 Reply of petitioner Moda Health Plan, Inc. filed (in 18-1028). (Distributed)
Nov 20 2019 Reply of petitioner Land of Lincoln Mutual Health Insurance Company filed. VIDED. (Distributed)
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.
Attorneys
Attorneys for Petitioners
Paul D. Clement
Counsel of Record
Clement & Murphy, PLLC
706 Duke Street
Alexandria, VA 22314

PAUL.CLEMENT@CLEMENTMURPHY.COM
Ph: (202) 742-8900
Party name: Moda Health Plan, Inc.


Jonathan S. Massey
Counsel of Record
Massey & Gail LLP
1000 Maine Avenue SW
Suite 450
Washington, DC 20024

JMASSEY@MASSEYGAIL.COM
Ph: 202-652-4511
Party name: Land of Lincoln Mutual Health Insurance Company


Stephen John McBrady
Counsel of Record
Crowell & Moring LLP
1001 Pennsylvania Ave. NW
Washington, DC 20004

smcbrady@crowell.com
Ph: 202-624-2500
Party name: Maine Community Health Options


Attorneys for Respondents
Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: United States


Other Attorneys
K. Lee Blalack II
O'Melveny & Myers, LLP
1625 Eye Street, NW
Washington, DC 20006

lblalack@omm.com
Ph: 202-383-5374
Party name: Blue Cross Blue Shield Association


Eric Ryan Bolinder
Cause of Action Institute
1310 N. Courthouse Rd, Ste 700
Arlington, VA 22201

eric.bolinder@causeofaction.org
Ph: 2024702396
Party name: Americans for Prosperity


Frank A. Gumina
WPS Health Solutions
1717 W. Broadway
Madison, WI 53713

Frank.Gumina@wpsic.com
Ph: 6089777526
Party name: Wisconsin Physicians Service Insurance Corporation; WPS Health Plan, Inc.


Benjamin Noah Gutman
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301

benjamin.gutman@doj.oregon.gov
Ph: 503-378-4402
Party name: 24 States and the District of Columbia


William Lewis Roberts
Faegre Baker Daniels LLP
2200 Wells Fargo Center
90 South 7th Street
Minneapolis, MN 55402

william.roberts@faegrebd.com
Ph: 612-766-7508
Party name: Association for Community Affiliated Plans


Andrew H. Schapiro
Quinn Emanuel Urquhart & Sullivan, LLP
191 N. Wacker Street, Suite 2700
Chicago, IL 60606

ANDREWSCHAPIRO@QUINNEMANUEL.COM
Ph: 312-705-7403
Party name: Economists M. Kate Bundorf; Scott Harrington; Michael Chernew; Leemore S. Dafny; Thomas G. McGuire; Mark V. Pauly; Kosali Simon


Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, DC 20006

PSHAH@AKINGUMP.COM
Ph: 202-887-4000
Party name: America's Health Insurance Plans


Lawrence S. Sher
Reed Smith LLP
1301 K Street, NW Suite 1000 - East Tower
Washington, DC 20005

lsher@reedsmith.com
Ph: (202) 414-9200
Party name: Highmark Inc.; Blue Cross and Blue Shield Of Kansas City; Blue Cross and Blue Shield of Vermont; Blue Cross of Idaho Health Service, Inc.; Molina Healthcare of California, Inc.; L.A. Care Health Plan


Stephen Andrew Swedlow
Quinn Emanuel Urquhart & Sullivan, LLP
191 N. Wacker Drive, Suite 2700
Chicago, IL 60606

stephenswedlow@quinnemanuel.com
Ph: 312-705-7400
Party name: Economists and Professors M. Kate Bundorf, et al.


Derek T. Teeter
Husch Blackwell LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112

derek.teeter@huschblackwell.com
Ph: 816-983-8000
Party name: National Association of Insurance Commissioners


Paul J. Zidlicky
Sidley Austin LLP
1501 K Street, NW
Washington, DC 20005

pzidlicky@sidley.com
Ph: 202-736-8000
Party name: Chamber of Commerce of the United States of America