Supreme Court Grants Certiorari in Tucker Act Case Regarding ACA Payments
Client Alert | 1 min read | 06.24.19
On June 24, the U.S. Supreme Court granted certiorari in Maine Cmty. Health Options v. United States (a C&M case), on appeal from the U.S. Court of Appeals for the Federal Circuit. Maine, along with two companion cases, seeks review of the Federal Circuit’s opinion in the Affordable Care Act “risk corridors” cases, in which the Court held that while the ACA’s risk corridors program contained a mandatory payment obligation on the part of the Government, that payment obligation was suspended by appropriations riders that restricted HHS funds available to satisfy the obligation. The Federal Circuit reached this conclusion notwithstanding the fact that the riders did not amend or repeal the statutory payment obligation and even though the health plans had already performed their own reciprocal obligations under the statute. The petitioners sought review of the Federal Circuit’s opinion on several grounds, including (i) that the restriction of funds to an agency via appropriations rider does not extinguish a statutory payment obligation of the United States, and (ii) that a rider that does not by its terms repeal or amend a money-mandating statute cannot impliedly and retroactively extinguish the Government’s payment obligation. The Maine petition is linked here.
Insights
Client Alert | 4 min read | 06.10.25
Trump Administration Cyber Executive Order Revises Prior Administrations’ Requirements
On June 6, 2025 President Trump signed an Executive Order, Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity and Amending Executive Order 13694 and Executive Order 14144 (the “Trump Cyber EO”). The Trump Cyber EO rescinds and modifies select Biden administration guidance from EO 14144 covering several cybersecurity regimes, including digital identity verification, artificial intelligence, and secure software development practices, and it amends Obama administration guidance from EO 13694 authorizing sanctions on persons involved in malicious cyber activities. We have provided a summary of significant changes made by the Trump Cyber EO below.
Client Alert | 19 min read | 06.09.25
Client Alert | 3 min read | 06.09.25
UK Strategic Defence Review 2025: Implications for Defence Contractors
Client Alert | 8 min read | 06.06.25
Litigation Funding Reforms: Clarity for UK Funders and Litigants Post-PACCAR