SANFORD HEALTH PLAN v. U.S.

2019-1290, 2019-1302.

969 F.3d 1370 (2020)

SANFORD HEALTH PLAN, Montana Health CO-OP, Plaintiffs-Appellees v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 14, 2020.


Attorney(s) appearing for the Case

Daniel William Wolff , Crowell & Moring, LLP, Washington, DC, argued for plaintiffs-appellees. Also represented by Stephen John McBrady , Skye Mathieson , Charles Baek .

Alisa Beth Klein , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Mark B. Stern , Ethan P. Davis .

Lawrence Sher , Reed Smith LLP, Washington, DC, for amici curiae Blue Cross Blue Shield of North Dakota, Blue Cross and Blue Shield of Vermont, Local Initiative Health Authority for L.A. County, Molina Healthcare of California, Inc. Also represented by Colin E. Wrabley , Pittsburgh, PA.

Stephen A. Swedlow , Quinn Emanuel Urquhart & Sullivan, LLP, Chicago, IL, for amicus curiae Common Ground Healthcare Cooperative.

Before Dyk, Bryson, and Taranto, Circuit Judges.


In the Patient Protection and Affordable Care Act (the ACA), Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended, Congress directed each State to establish an online exchange through which insurers may sell health plans if the plans meet certain requirements. One such requirement is that insurers must agree to reduce the...

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