SCOTUS issues opinions in cases concerning ACA, copyright, and NYC’s former ban on transporting firearms

On April 27, the Supreme Court of the United States (SCOTUS) issued rulings in three cases argued during its October Term 2019-2020. The court has issued 29 decisions this term.

Maine Community Health Options v. United States concerned the “Risk Corridors” program of Section 1342 of the Affordable Care Act (ACA). The case originated from the U.S. Court of Appeals for the Federal Circuit and was argued on December 10, 2019.
  • The issue: Writing for the majority, Justice Sonia Sotomayor defined the issue: “These cases are about whether petitioners—insurers who claim losses under the Risk Corridors program—have a right to payment under §1342 and a damages remedy for the unpaid amounts.”
  • The outcome: The court reversed the Federal Circuit’s decision in an 8-1 ruling and remanded the case. The court held that the risk corridors statute created a government obligation to pay insurers the full amount set out in Section 1342’s formula, that Congress did not impliedly repeal the obligation through its appropriations riders, and that petitioners properly relied on the Tucker Act to sue for damages in the U.S. Court of Federal Claims.
Georgia v. Public.Resource.Org Inc., a case that concerned copyright law and the Official Code of Georgia Annotated (OCGA), originated from the 11th Circuit and was argued on December 2, 2019.
  • The issue: “Whether the government edicts doctrine extends to—and thus renders uncopyrightable—works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated.”
  • The outcome: The court affirmed the 11th Circuit’s decision in a 5-4 ruling, holding “the OCGA annotations are ineligible for copyright protection.” Writing for the majority, Chief Justice John Roberts stated that under the government edicts doctrine, judges and legislators “may not be considered the ‘authors’ of the works they produce in the course of their official duties.” The rule applies even if a material lacks the force of law.
New York State Rifle & Pistol Association v. City of New York concerned New York City’s former ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits. It originated in the 2nd Circuit and was argued on December 2, 2019.
  • The issue: “Whether the City’s ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause, and the constitutional right to travel.”
  • The outcome: The court vacated the 2nd Circuit’s ruling in a 6-3 per curiam decision, holding the petitioners’ claim was moot because the city changed the ban in 2019. A per curiam decision is issued collectively by the court with no indicated authorship. Justice Brett Kavanaugh filed a concurring opinion. Justice Samuel Alito filed a dissenting opinion, joined in full by Justice Neil Gorsuch and in all but Part IV-B by Justice Clarence Thomas.

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