Case: University of Notre Dame v. Sebelius

3:12-cv-00253 | U.S. District Court for the Northern District of Indiana

Filed Date: May 21, 2012

Clearinghouse coding complete

Case Summary

On December 3, 2013, the University of Notre Dame, a religious nonprofit university, filed this lawsuit in the U.S. District Court for the Northern District of Indiana against the U.S. Department of Health and Human Services (HHS). Notre Dame alleged that the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for nonprofit religious organizations, violated the Establishment Clause and Free Speech Clause of the First Amendment and the Religious Freedom Resto…

On December 3, 2013, the University of Notre Dame, a religious nonprofit university, filed this lawsuit in the U.S. District Court for the Northern District of Indiana against the U.S. Department of Health and Human Services (HHS). Notre Dame alleged that the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for nonprofit religious organizations, violated the Establishment Clause and Free Speech Clause of the First Amendment and the Religious Freedom Restoration Act (RFRA). Notre Dame sought preliminary and permanent injunctions barring the government from enforcing the contraception insurance mandate to avoid a violation of Notre Dame's deeply held religious beliefs.

On December 20, 2013, the District Court (Judge Philip P. Simon) denied Notre Dame's motion for preliminary injunction. The Court found that the ACA's insurance accommodation, which allowed the head of an eligible organization to provide self-certification which in turn triggered a third-party administrator to provide contraception coverage to the organization's employees, did not impose a substantial burden on the free exercise of the religion. University of Notre Dame v. Sebelius, 988 F.Supp.2d 912 (N.D. IN. 2013) The same day, Notre Dame filed an interlocutory appeal with the U.S. Court of Appeals for the Seventh Circuit (No. 13-3853) and a motion for preliminary injunction with the District Court pending their appeal.

On December 23, 2013, the District Court denied the plaintiff's motion for injunction pending appeal and on December 30, 2013, the Seventh Circuit denied the plaintiff's emergency motion for injunction pending appeal.

On February 21, 2014, the Seventh Circuit (Judge Richard Posner) affirmed the District Court's denial of preliminary injunction. The Court of Appeals found that the ACA's insurance accommodation was consistent with the balancing act required by RFRA and therefore it did not substantially burden the free exercise of plaintiffs. University of Notre Dame v. Sebelius, 743 F.3d 547 (N.D. IN. 2014). On May 7, 2014, the Seventh Circuit denied plaintiffs' April 4, 2014, motion for rehearing.

Notre Dame sought review in the Supreme Court, and on March 9, 2015, the Court granted the writ of certiorari, vacated the judgment, and remanded the case to the Seventh Circuit for further consideration in light of its decision (after the Seventh Circuit's decision) in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014). University of Notre Dame v. Burwell, 135 U.S. 1258 (2015) (cert. granted). In Hobby Lobby, the Supreme Court had held that the HHS regulations imposing the contraceptive mandate violated RFRA, when applied to closely held for-profit corporations. The Court emphasized, however, that alternative methods for meeting the government's asserted interest were available.

On remand, after hearing oral arguments on April 22, 2015, the Seventh Circuit affirmed the District Court's denial of preliminary injunction on May 19, 2015, holding that Notre Dame had still not met its burden of establishing an entitlement to a preliminary injunction. University of Notre Dame v. Burwell, 786 F.3d 606 (7th Cir. 2015).

Notre Dame sought a rehearing en banc on July 2, 2015. The Seventh Circuit denied the request on July 24, 2015. On June 17, 2016, the Supreme Court remanded the case back to the Seventh Circuit in light of the per curiam decision in Zubik v. Burwell, 136 S.Ct. 1557 (2016) (Clearinghouse summary available here). In Zubik, the Supreme Court vacated a series of Court of Appeals decisions that concerned religious exemptions to the contraception mandate in the ACA and remanded those cases back to the lower courts to “afford an opportunity” for the parties and the Court of Appeals to further consider the burden imposed in requiring non-profit religious organizations (“challengers”) to fill out a form notifying the government that they objected to providing contraceptive coverage, and to arrive at an approach that would, going forward, accommodate challengers’ religious exercise while at the same time ensuring that women covered by the challengers’ health plans receive full and equal health coverage, including contraceptive coverage.

As it appeared that proceedings in the Seventh Circuit would continue for some time, the case was statistically closed in the district court on March 2, 2017, until the appellate proceedings concluded. The case remains ongoing in the Seventh Circuit.

Summary Authors

Timothy Shoffner (5/22/2012)

Richard Jolly (3/30/2014)

MJ Koo (3/30/2017)

Related Cases

University of Notre Dame v. Sebelius, Northern District of Indiana (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5445976/parties/notre-dame-university-of-v-sebelius/


Judge(s)

Miller, Robert Lowell Jr. (Indiana)

Moody, James Tyne (Indiana)

Nuechterlein, Christopher A. (Indiana)

Attorneys(s) for Plaintiff

Corr, Marriane (Indiana)

DeJulius, Leon F. Jr. (Pennsylvania)

Hogan, Carol A. (Illinois)

Kairis, Matthew A (Ohio)

Murphy, Eric Earl (Ohio)

Murray, Brian Joseph (Illinois)

Ranjan, Brandy H (Ohio)

Judge(s)

Miller, Robert Lowell Jr. (Indiana)

Moody, James Tyne (Indiana)

Nuechterlein, Christopher A. (Indiana)

Attorneys(s) for Plaintiff

Corr, Marriane (Indiana)

DeJulius, Leon F. Jr. (Pennsylvania)

Hogan, Carol A. (Illinois)

Kairis, Matthew A (Ohio)

Murphy, Eric Earl (Ohio)

Murray, Brian Joseph (Illinois)

Ranjan, Brandy H (Ohio)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Other Attorney(s)

White, Edward L. III (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Notre Dame University of v. Sebelius

July 26, 2013 Docket
1

Complaint

May 21, 2012 Complaint
46

Opinion and Order

2012 WL 6756332

Dec. 31, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5445976/notre-dame-university-of-v-sebelius/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT with Jury Demand against Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury (Filing fee $ 350.) Receipt #3003946, filed by Notre Dame University of. (Attachments: # 1 Civil cover sheet)(smp) (Entered: 05/21/2012)

May 21, 2012 PACER
2

NOTICE of Appearance by Matthew A Kairis on behalf of Notre Dame University of (smp) (Entered: 05/21/2012)

May 21, 2012 PACER
3

Corporate Disclosure Statement by Notre Dame University of. (smp) (Entered: 05/21/2012)

May 21, 2012 PACER
4

Summons Issued as to Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (smp) (Entered: 05/21/2012)

May 21, 2012 PACER
5

AFFIDAVIT of Service, filed by Notre Dame University of. (Attachments: # 1 Exhibit Exs. A-H - Certified Mail Return Receipts)(Kairis, Matthew) (Entered: 06/15/2012)

June 15, 2012 PACER
6

SUMMONS Returned Executed by Notre Dame University of. All Defendants. (Attachments: # 1 Exhibit Exhibits A-H - Certified Mail Return Receipts)(Kairis, Matthew) (Entered: 06/20/2012)

June 20, 2012 PACER

Set Deadlines: Answer due 7/24/12 for defendants Kathleen Sebelius, Hilda Solis and US Department of Health and Human Services. Answer due 7/30/12 for defendants US Department of Treasury, Timothy Geithner and US Department of Labor per 6 Summons Returned Executed as to USA. (jld)

June 20, 2012 PACER
7

NOTICE of Appearance by Benjamin L Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 06/29/2012)

June 29, 2012 PACER
8

Joint MOTION for Extension of Time to File Response to Complaint by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Attachments: # 1 Proposed Order)(Berwick, Benjamin) (Entered: 07/02/2012)

July 2, 2012 PACER
9

ORDER granting 8 Motion for Extension of Time to File. Defendants' motion to dismiss due by 8/6/2012. Response to be filed by 8/27/2012 with the reply to be filed no later than 28 days after the response. Signed by Magistrate Judge Christopher A Nuechterlein on 7/5/12. (jld) (Entered: 07/06/2012)

July 5, 2012 PACER
10

NOTICE of Appearance by Carol A Hogan on behalf of All Plaintiffs (Hogan, Carol) (Entered: 07/12/2012)

July 12, 2012 PACER
11

NOTICE of Appearance by Brian J Murray on behalf of All Plaintiffs (Murray, Brian) (Entered: 07/12/2012)

July 12, 2012 PACER
12

NOTICE of Appearance by Brandy H Ranjan on behalf of All Plaintiffs (Ranjan, Brandy) (Entered: 07/12/2012)

July 12, 2012 PACER
13

NOTICE of Appearance by Leon F DeJulius, Jr on behalf of Notre Dame University of (DeJulius, Leon) (Entered: 07/13/2012)

July 13, 2012 PACER
14

CERTIFICATE of Service. (Ranjan, Brandy) (Entered: 07/13/2012)

July 13, 2012 PACER
15

NOTICE of Appearance by Eric E Murphy on behalf of All Plaintiffs (Murphy, Eric) (Entered: 07/13/2012)

July 13, 2012 PACER
16

MOTION to Dismiss for Lack of Jurisdiction by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 08/06/2012)

Aug. 6, 2012 PACER
17

MEMORANDUM in Support of 16 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 08/06/2012)

Aug. 6, 2012 PACER
18

Corporate Disclosure Statement by American Center for Law & Justice, et al.. (White, Edward) (Entered: 08/20/2012)

Aug. 20, 2012 PACER
19

MOTION for Leave to Appear as Amici Curiae and to File Amici Curiae Brief in Support of Plaintiff on Behalf of the American Center for Law & Justice and 79 Members of Congress by Defendant American Center for Law & Justice, et al.. (Attachments: # 1 Amici Curiae Brief of the ACLJ and 79 Members of Congress)(White, Edward) (Entered: 08/20/2012)

Aug. 20, 2012 PACER
20

ORDER granting 19 Motion for leave to appear as amici curiae and file amici curiae brief.. Signed by Magistrate Judge Christopher A Nuechterlein on 8/21/12. (smp) (Entered: 08/22/2012)

Aug. 21, 2012 PACER
21

AMICI CURIAE BRIEF filed by plaintiff re 1 Complaint,. (smp) (Entered: 08/22/2012)

Aug. 21, 2012 PACER
22

NOTICE of Appearance by Edward L White on behalf of American Center for Law & Justice, et al. (White, Edward) (Entered: 08/24/2012)

Aug. 24, 2012 PACER
23

RESPONSE to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Notre Dame University of. (Attachments: # 1 Affidavit)(Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
24

MOTION for oral argument re 16 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Notre Dame University of. (Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
25

REPLY to Response to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 09/24/2012)

Sept. 24, 2012 PACER
26

RESPONSE to Motion re 24 MOTION for oral argument re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 09/24/2012)

Sept. 24, 2012 PACER
27

ORDER REASSIGNING CASE. Case reassigned to Judge Jon E DeGuilio for all further proceedings. Senior Judge James T Moody no longer assigned to case. Signed by Senior Judge James T Moody on 10/17/12. (smp) (Entered: 10/18/2012)

Oct. 17, 2012 PACER
28

MOTION for Permanent Injunction, MOTION for Preliminary Injunction by Plaintiff Notre Dame University of. (Kairis, Matthew) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
29

MOTION Consolidated Trial and Injunction Hearing pursuant to Rule 65(a) by Plaintiff Notre Dame University of. (Kairis, Matthew) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
30

MOTION Scheduling Order or Status or Trial Setting Conference by Plaintiff Notre Dame University of. (Kairis, Matthew) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
31

MEMORANDUM in Support of 29 MOTION Consolidated Trial and Injunction Hearing pursuant to Rule 65(a), 30 MOTION Scheduling Order or Status or Trial Setting Conference, 28 MOTION for Permanent Injunction MOTION for Preliminary Injunction filed by Notre Dame University of. (Kairis, Matthew) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
32

RESPONSE to Motion re 30 MOTION Scheduling Order or Status or Trial Setting Conference filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 10/29/2012)

Oct. 29, 2012 PACER
33

RESPONSE to Motion re 29 MOTION Consolidated Trial and Injunction Hearing pursuant to Rule 65(a), 28 MOTION for Permanent Injunction MOTION for Preliminary Injunction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 11/07/2012)

Nov. 7, 2012 PACER
34

REPLY to Response to Motion re 29 MOTION Consolidated Trial and Injunction Hearing pursuant to Rule 65(a), 30 MOTION Scheduling Order or Status or Trial Setting Conference, 28 MOTION for Permanent Injunction MOTION for Preliminary Injunction filed by Notre Dame University of. (Kairis, Matthew) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
35

NOTICE by Notre Dame University of Supplemental Authority (Kairis, Matthew) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
36

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 35 Notice (Other) Defendants' Response to Plaintiff's Notice of Supplemental Authority (Attachments: # 1 Exhibit Hobby Lobby Stores v. Sebelius)(Berwick, Benjamin) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
37

NOTICE by Notre Dame University of re 36 Notice (Other), Notice (Other) Notre Dame's Response to Defendant's Notice of Supplemental Authority re Hobby Lobby Decision (Kairis, Matthew) (Entered: 11/21/2012)

Nov. 21, 2012 PACER
38

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 16 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius)(Berwick, Benjamin) (Entered: 11/27/2012)

Nov. 27, 2012 PACER
39

ORDER OF RECUSAL. Judge Judge Jon E DeGuilio recused. Case reassigned to Judge Robert L Miller, Jr for all further proceedings. Signed by Judge Jon E DeGuilio on 11/28/12. (smp) (Entered: 11/28/2012)

Nov. 28, 2012 RECAP
40

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 16 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Zubik v. Sebelius)(Berwick, Benjamin) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
41

RESPONSE by Notre Dame University of to 40 Notice (Other), Notice (Other), 38 Notice (Other), Notice (Other) of Supplemental Authority. (Attachments: # 1 Exhibit A - Excerpts from Transcript in Catholic Diocese of Nashville v. Sebelius)(Kairis, Matthew) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
42

NOTICE by Notre Dame University of re 16 MOTION to Dismiss for Lack of Jurisdiction Notice of Supplemental Authority (Attachments: # 1 Exhibit A, Roman Catholic Archdiocese of New York v. Sebelius)(Kairis, Matthew) (Entered: 12/07/2012)

Dec. 7, 2012 PACER
43

RESPONSE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury to 42 Notice (Other) Supplemental Authority. (Berwick, Benjamin) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
44

NOTICE by Notre Dame University of Supplemental Authority (Attachments: # 1 Exhibit A - Wheaton College v. Sebelius Order)(Kairis, Matthew) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
45

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 16 MOTION to Dismiss for Lack of Jurisdiction and Response to 44 Plaintiff's Third Notice of Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Biloxi v. Sebelius)(Berwick, Benjamin) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
46

OPINION AND ORDER denying as moot 28 MOTION for Permanent Injunction MOTION for Preliminary Injunction filed by Notre Dame University of, and granting 16 MOTION to Dismiss for Lack of Jurisdiction filed by US Department of Health and Human Services, US Department of Treasury, US Department of Labor, Timothy Geithner, Hilda Solis, Kathleen Sebelius. ***Civil Case Terminated. Signed by Judge Robert L Miller, Jr on 12/31/2012. (kds) (Entered: 01/02/2013)

Dec. 31, 2012 RECAP
47

CLERK'S ENTRY OF JUDGMENT. (kds) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
48

NOTICE OF APPEAL as to 46 Opinion and Order, Terminate Motions, Terminate Civil Case,,,, filed by Plaintiff Notre Dame University of. Filing fee $ 455, receipt number 0755-2013264. (Kairis, Matthew) (Entered: 03/01/2013)

March 1, 2013 PACER
49

Docketing Statement re: 48 Notice of Appeal filed by Notre Dame University of. (Kairis, Matthew) (Entered: 03/01/2013)

March 1, 2013 PACER
50

Short Record Sent to US Court of Appeals re 48 Notice of Appeal. Appeal filing fees paid in the amount of $455.00 - Receipt # 0755-2013264. (Attachments: # 1 Notice of appeal, # 2 Docketing statement, # 3 Opinion and order, # 4 Clerk's judgment, # 5 Docket sheet)(smp) (Entered: 03/05/2013)

March 5, 2013 PACER
51

USCA Case Number 13-1479 for 48 Notice of Appeal filed by Notre Dame University of. (smp) (Entered: 03/12/2013)

March 8, 2013 PACER
52

MANDATE of USCA as to 48 Notice of Appeal filed by Notre Dame University: This case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). No record to be returned to district court. (Attachments: # 1 Final Order USCA - Certified Copy) (lyb) (Entered: 07/31/2013)

July 26, 2013 PACER

State / Territory: Indiana

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: May 21, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Catholic University located in South Bend, IN

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services, Federal

U.S. Department of Labor, Federal

U.S. Department of Treasury, Federal

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-basis:

Religion discrimination