JUDGMENT ISSUED.

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.

Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.

Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.

CIRCULATED

Record requested from the U.S.C.A. Federal Circuit.

SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.

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)

Petition GRANTED. The petitions for writs of certiorari in No. 18-1023 and No. 18-1038 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 6/20/2019.

Reply of petitioners Moda Health Plan, Inc., et al. filed. (Distributed)

DISTRIBUTED for Conference of 6/13/2019.

Brief of respondent United States in opposition filed. VIDED.

Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.

Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.

Brief amicus curiae of The Association for Community Affiliated Plans filed.

Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED

Brief amici curiae of Economists, et al. filed. VIDED

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Brief amici curiae of Highmark Inc., et al. filed.

Brief amicus curiae of National Association of Insurance Commissioners filed.

Brief amici curiae of 18 States and the District of Columbia filed.

Brief amicus curiae of America's Health Insurance Plans filed.

Amicus brief of 18 States and the District of Columbia not accepted for filing. (Corrected version submitted)

Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.

Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.

Blanket Consent filed by Petitioners, Moda Health Plan, Inc., et al..

Petition for a writ of certiorari filed. (Response due March 8, 2019)

Moda Health Plan, Inc., et al., Petitioner, represented by Paul D. Clement

United States, Respondent, represented by Noel J. Francisco

18 States and the District of Columbia, Amicus Curiae, represented by Benjamin Noah Gutman

America's Health Insurance Plans, Amicus Curiae, represented by Pratik Arvind Shah

Blue Cross Blue Shield Association, Amicus Curiae, represented by K. Lee Blalack II

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Paul J. Zidlicky

Economists M. Kate Bundorf; Scott Harrington; Michael Chernew; Leemore S. Dafny; Thomas G. McGuire; Mark V. Pauly; Kosali Simon, Amicus Curiae, represented by Andrew H. Schapiro

Highmark Inc., Blue Cross and Blue Shield of Kansas City, Blue Cross and Blue Shield of Vermont, Blue Cross of Idaho Health Service, Inc., Molina Healthcare of California, Inc., and L.A. Care Health Plan, Amicus Curiae, represented by Lawrence S. Sher

National Association of Insurance Commissioners, Amicus Curiae, represented by Derek T. Teeter

The Association for Community Affiliated Plans, Amicus Curiae, represented by William Lewis Roberts