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Common Ground Healthcare Cooperative, On Behalf of Itself and All Others Similarly Situated v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1286 · judgment September 30, 2020


Certiorari denied · June 21, 2021
Pre-decision estimate: 9% cert probability (95% interval 5%–15%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

May the United States invoke a non-statutory mitigation defense to avoid the unambiguous requirement of section 1402 of the Patient Protection and Affordable Care Act (“ACA”) that the Government “shall make” cost-sharing reduction payments to insurers in set amounts? (i)

Counsel of record

For petitioner
Kathleen Marie Sullivan
Quinn Emanuel Urquhart & Sullivan, LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Related
Vide, 20-1536

Proceedings

  1. Jun 21 2021
    Petition DENIED.
  2. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  3. Jun 01 2021
    Reply of petitioners Common Ground Healthcare Cooperative, et al. filed. (Distributed)
  4. Apr 30 2021
    Memorandum of respondent United States filed.
  5. Apr 01 2021
    Brief amici curiae of Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc. filed.
  6. Mar 23 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2021.
  7. Mar 22 2021
    Motion to extend the time to file a response from March 31, 2021 to April 30, 2021, submitted to The Clerk.
  8. Mar 12 2021
    Blanket Consent filed by Petitioners, Common Ground Healthcare Cooperative, et al.
  9. Feb 24 2021
    Petition for a writ of certiorari filed. (Response due March 31, 2021)