Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2019 Term

Oral Argument Date

December 10, 2019

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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.

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