Land of Lincoln Mutual Health Insurance Company v. United States

Tucker Act

Question(s) Presented

“This case involves the ‘risk corridors’ program established by the Patient Protection and Affordable Care Act (‘ACA’), 42 U.S.C. § 18062, which mandates that for the first three years of the ACA, the Government ‘shall pay’ mathematically determined amounts to health insurers based on a statutory formula in order to induce them to participate in health insurance exchanges and to reduce the premiums they would otherwise charge. In this case, the Federal Circuit held on the basis of legislative history that the Government’s obligation to make risk corridors payments was extinguished by appropriations riders temporarily foreclosing certain sources of funds for the risk corridors program. The riders were included in spending bills enacted several years after the ACA was adopted — and after Petitioner had already performed its part of the bargain under the risk corridors program. The Question Presented is: Whether a temporary cap on appropriations availability from certain specified funding sources may be construed, based on its legislative history, to abrogate retroactively the Government’s payment obligations under a moneymandating statute, for parties that have already performed their part of the bargain under the statute.”


“These cases present three questions: First, did §1342 of the Affordable Care Act obligate the Government to pay participating insurers the full amount calculated by that statute? Second, did the obligation survive Congress’ appropriations riders? And third, may petitioners sue the Government under the Tucker Act to recover on that obligation? Because our answer to each is yes, we reverse.”

Proceedings and Orders
February 25, 2019
Motion of United States for an extension of time not accepted for filing. (February 26, 2019 - corrected letter to be submitted)
February 27, 2019
Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.
April 1, 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 28, 2019
DISTRIBUTED for Conference of 6/13/2019.
June 17, 2019
DISTRIBUTED for Conference of 6/20/2019.
June 24, 2019
Petition GRANTED. The petitions for writs of certiorari in No. 18-1023 and No. 18-1028 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
June 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)
September 13, 2019
SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.
October 25, 2019
November 5, 2019
Record received from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
April 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