National Law Journal: DOJ's Anti-Obamacare Stance, Justice Dept. Spurns $12B 'Bait-and-Switch' Claims in SCOTUS Health Care Case

A MESSAGE FROM THE EDITOR Current and former colleagues of U.S. Deputy Attorney General Rod Rosenstein gave their farewells Thursday at a ceremony at Main Justice that didn't hide the challenges he faced over the past two years overseeing the Russia investigation, C. Ryan Barber reports. Rosenstein hasn't yet announced his post-DOJ plans—we're staying tuned. Plus, check out Mike Scarcella's report on U.S. Tax Court nominee Emin Toro, the Covington & Burling partner and former clerk to Justice Clarence Thomas who got his turn in front of a Senate committee this week. Check out these reports and others below. – Sarah Tincher, Managing Editor, The National Law Journal

ELECTION AND POLITICAL LAW 'Things Were Often a Bit Not Normal': Rod Rosenstein's Colleagues Say Goodbye By C. Ryan Barber Rosenstein's colleagues, gathered in the Great Hall at Main Justice, did not shy away from the matter that dominated... Read More

JUDGES Ex-Thomas Clerk Emin Toro Sails Through Hearing for US Tax Court By Mike Scarcella Toro's been a Covington & Burling partner since 2008, advising multinational companies on tax matters. Read More

LAW FIRM HIRING | NEWS Former California Congressman Jeff Denham Joins K&L Gates in DC By Ryan Lovelace Denham left his House seat in January after representing two Northern California districts since 2011. Read More

LAW FIRM HIRING | NEWS EDVA Veteran Prosecutor Joins Cooley in DC By Ryan Lovelace After 15 years as a federal prosecutor, Daniel Grooms decided to make a move to Big Law. Read More

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CIVIL APPEALS 'Race to the Bottom': Paul Clement Questions DOJ's Anti-Obamacare Stance By Ellis Kim Clement, speaking on a Federalist Society panel, said there are potential "costs to the system" when the Justice Department... Read More

LAW FIRM PARTNERS US Justice Department Opens Search for New Fraud Section Chief By C. Ryan Barber The vacancy announcement comes as Andrew Weissmann, who last held the post on a permanent basis, joins NYU law from... Read More

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CIVIL APPEALS | NEWS Justice Dept. Spurns $12B 'Bait-and-Switch' Claims in SCOTUS Health Care Case By Mike Scarcella Lawyers for health insurers contend the U.S. government is liable for billions of dollars under a cost-reimbursement... Read More

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CRIMINAL APPEALS Unlicensed Federal Prosecutor Doesn't Doom Case, DOJ Tells Supreme Court By Marcia Coyle The federal district court determined that the petitioner “does not have a constitutional right to a properly... Read More

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2 Key SCOTUS Cases to Watch and Their Implications for Pa. Taxpayers | The Legal Intelligencer The Legal Intelligencer The U.S. Supreme Court sits primed and ready to decide two key state and local tax (SALT) cases that will have implications... Read More

A MESSAGE FROM THE EDITOR We're closely watching an Affordable Care Act case unfolding at the U.S. Supreme Court—and it's not (yet) the action in the Fifth Circuit that's been getting so much attention. The U.S. Justice Department wants the Supreme Court to reject claims from health insurers seeking more than $12 billion in damages against the United States for payments under the "risk corridor" program. The insurers, whose lawyers including Kirkland's Paul Clement, contend the government committed a "staggering" bait-and-switch by encouraging companies to participate in the ACA's marketplace but then pulling back on certain reimbursements. DOJ's Noel Francisco contends the insurers have no entitlement to risk-corridor payments since, among other things, the ACA itself didn't provide for them, "leaving that determination to the judgment of future Congresses." Check out this report and others below. – Sarah Tincher, Managing Editor, The National Law Journal

CIVIL APPEALS | NEWS Justice Dept. Spurns $12B 'Bait-and-Switch' Claims in SCOTUS Health Care Case By Mike Scarcella Lawyers for health insurers contend the U.S. government is liable for billions of dollars under a cost-reimbursement... Read More

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