Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2019 Term
Oral Argument Date
December 10, 2019
Lower Court Opinion
Questions Presented
Whether Congress can evade its unambiguous statutory promise to pay health insurers for losses already incurred simply by enacting appropriations riders restricting the sources of funds available to satisfy the government’s obligation.
Case Updates
Opinion issued
April 27, 2020
The Supreme Court reversed the Federal Circuit’s overly lenient standard for allowing the United States to walk away from financial obligations to businesses induced to participate in public programs by financial assurances. The Court also clarified that “implied revocation” in a later Congress’ appropriations rider doesn’t repeal clear statutory commitment of funds. The U.S. Chamber filed briefs supporting certiorari and again at the merits stage supporting this outcome.
U.S. Chamber urges U.S. Supreme Court to reverse Federal Circuit’s overly lenient standard for allowing the United States to walk away from financial obligations to private companies induced to participate in public programs with financial assurances
September 06, 2019
Click here to view the Chamber’s merits brief.
Previously, the U.S. Chamber filed a brief supporting the cert. petition.
Paul J. Zidlicky, Jacqueline G. Cooper, C. Frederick Beckner III, and Derek A. Webb of Sidley Austin LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Cert. petition granted
June 24, 2019
U.S. Chamber files amicus brief urging Court to review Federal Circuit’s lenient standard for allowing the United States to walk away from financial obligations to private companies induced to participate in public programs with financial assurances
March 08, 2019
Click here to view the Chamber’s amicus brief.
Paul J. Zidlicky of Sidley Austin LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.