| No. 18-1028 Vide 18-1023, 18-1038 | |
| Title: | Moda Health Plan, Inc., Petitioner v. United States |
| Docketed: | February 6, 2019 |
| Lower Ct: | United States Court of Appeals for the Federal Circuit |
| Case Numbers: | (2017-1994) |
| Decision Date: | June 14, 2018 Rule 12.4 |
| Rehearing Denied: | November 6, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Feb 04 2019 | Petition for a writ of certiorari filed. (Response due March 8, 2019) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Feb 21 2019 | Blanket Consent filed by Petitioners, Moda Health Plan, Inc., et al.. |
| Blanket Consent | |
| Feb 25 2019 | Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk. |
| Main Document | |
| 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 amicus curiae of America's Health Insurance Plans filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2019 | Brief amici curiae of 18 States and the District of Columbia filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2019 | Brief amicus curiae of National Association of Insurance Commissioners filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2019 | Brief amici curiae of Highmark Inc., et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 08 2019 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2019 | Brief amici curiae of Economists, et al. filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2019 | Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 08 2019 | Brief amicus curiae of The Association for Community Affiliated Plans filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 08 2019 | Amicus brief of 18 States and the District of Columbia not accepted for filing. (Corrected version submitted) |
| Mar 29 2019 | Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk. |
| Main Document | |
| 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. |
| Main DocumentProof of Service | |
| May 28 2019 | DISTRIBUTED for Conference of 6/13/2019. |
| May 28 2019 | Reply of petitioners Moda Health Plan, Inc., et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| 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. 18-1038 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) |
| 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 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Paul D. Clement Counsel of Record | Kirkland & Ellis LLP 655 Fifteenth Street, NW Washington, DC 20005 paul.clement@kirkland.com | (202) 879-5000 |
| Party name: Moda Health Plan, Inc., et al. | ||
| Attorneys for Respondent | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Other | ||
| K. Lee Blalack II Counsel of Record | O'Melveny & Myers, LLP 1625 Eye Street, NW Washington, DC 20006 lblalack@omm.com | 202-383-5374 |
| Party name: Blue Cross Blue Shield Association | ||
| Benjamin Noah Gutman Counsel of Record | Office of the Attorney General of the State of Oregon 1162 Court Street NE Salem, OR 97301 benjamin.gutman@doj.state.or.us | 503-378-4402 |
| Party name: 18 States and the District of Columbia | ||
| William Lewis Roberts Counsel of Record | Faegre Baker Daniels LLP 2200 Wells Fargo Center 90 South 7th Street Minneapolis, MN 55402 william.roberts@faegrebd.com | 612-766-7508 |
| Party name: The Association for Community Affiliated Plans | ||
| Andrew H. Schapiro Counsel of Record | Quinn Emanuel Urquhart & Sullivan, LLP 191 North Wacker Drive, Suite 2700 Chicago, IL 60606 andrewschapiro@quinnemanuel.com | 312-705-7400 |
| Party name: Economists M. Kate Bundorf; Scott Harrington; Michael Chernew; Leemore S. Dafny; Thomas G. McGuire; Mark V. Pauly; Kosali Simon | ||
| Pratik Arvind Shah Counsel of Record | Akin Gump Strauss Hauer & Feld, LLP 1333 New Hampshire Ave., NW Washington, DC 02109 pshah@akingump.com | 202-887-4210 |
| Party name: America's Health Insurance Plans | ||
| Lawrence S. Sher Counsel of Record | Reed Smith LLP 1301 K Street, NW, Suite 100 - East Tower Washington, DC 20005 lsher@reedsmith.com | 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., and L.A. Care Health Plan | ||
| Derek T. Teeter Counsel of Record | Husch Blackwell LLP 4801 Main Street, Suite 1000 Kansas City, MO 64112 derek.teeter@huschblackwell.com | 816-983-8000 |
| Party name: National Association of Insurance Commissioners | ||
| Paul J. Zidlicky Counsel of Record | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 pzidlicky@sidley.com | 202-736-8000 |
| Party name: Chamber of Commerce of the United States of America | ||