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Illustration: Sarah Grillo/Axios

A group of insurers will make their case to the Supreme Court today for billions of dollars in Affordable Care Act payments.

Driving the news: The court will hear oral arguments in a long-running dispute over the ACA’s risk corridors program. Insurers say they’re owed billions of dollars from that program; the government says it doesn’t have to pay.

Why it matters: The implications for the ACA are modest, but it's a lot of money for these insurers — about $12 billion, all told.

Risk corridors were designed to even out the ACA’s early days. Insurers with a better-than-expected experience in the exchanges paid in, and that money was then paid out to insurers that had a worse-than-expected launch.

  • The amount the program was supposed to pay out exceeded the amount insurers had paid in. The assumption, at the time, was that the Department of Health and Human Services (HHS) would make up the difference itself.
  • But then Congress passed an appropriations rider saying HHS couldn’t use its own money to cover risk-corridors payments, leaving billions of dollars unpaid.

Insurers sued, claiming HHS had essentially reneged on a promise, only after insurers put themselves on the line in a new marketplace under the expectation that this safety net would be there.

The other side: The government argues that “Congress did not expose the federal fisc to that massive liability” — that it never intended to create an open-ended expense “based on criteria that depended largely on the insurers’ own business judgments.”

Go deeper: The return of the ACA wars

Go deeper

White House unveils plans for high-profile climate summit

Illustration: Aïda Amer/Axios

The Biden administration offered new details this morning about the big, virtual climate summit Thursday and Friday and signaled they expect new emissions reduction and climate finance commitments from multiple countries.

Driving the news: The administration said 40 heads of state would attend, including Russian President Vladimir Putin and President Jair Bolsonaro of Brazil.

DOJ announces sweeping probe into Minneapolis policing practices

Attorney General Merrick Garland on Wednesday announced that the Justice Department will open a sweeping investigation into whether the Minneapolis Police Department has a "pattern or practice" of discriminatory policing practices.

Why it matters: The federal probe, which will also examine MPD's handling of misconduct allegations against officers, could result in significant changes to policing in Minneapolis in the wake of George Floyd's murder.

2 hours ago - World

South Korean president: Trump "beat around the bush and failed" on North Korea

South Korean President Moon Jae-in speaking in Seoul in March 2021. Photo: Jeon Heon-Kyun/POOL/AFP via Getty Images

South Korean President Moon Jae-in criticized former President Trump's attempts to denuclearize the Korean Peninsula, telling the New York Times he "beat around the bush" with North Korea and "failed to pull it through."

Why it matters: Moon, now in his final year in office, called denuclearization a "matter of survival" for South Korea and urged President Biden to resume negotiations with North Korean leader Kim Jong-un after a standstill of nearly two years.