Case: Roman Catholic Archbishop of Washington v. Sebelius

1:12-cv-00815 | U.S. District Court for the District of Columbia

Filed Date: May 21, 2012

Closed Date: Nov. 6, 2017

Clearinghouse coding complete

Case Summary

On May 21, 2012, the Catholic Archbishop of Washington and several affiliated Catholic organizations filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the federal government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First Amendment. The plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending…

On May 21, 2012, the Catholic Archbishop of Washington and several affiliated Catholic organizations filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the federal government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First Amendment. The plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. The plaintiffs contended that this mandatory contraception coverage violated their sincerely held religious beliefs.

On January 25, 2013, Judge Amy Berman Jackson granted the government's motion to dismiss the plaintiffs' claims for a lack of ripeness, as regulations regarding the contraceptive mandate were under review by the Department of Health and Human Services.

On March 25, 2013, the plaintiffs appealed the court's dismissal to the U.S. Court of Appeals for the D.C. Circuit. On October 31, 2013, the Court of Appeals dismissed the plaintiffs' claims as moot due to the newly issued regulations regarding the ACA contraception mandate.

On September 20, 2013, the plaintiffs refiled this case in the U.S. District Court for the District of Columbia, joined by a number of additional affiliated Catholic nonprofit organizations, objecting to the final regulations updating the contraceptive mandate issued on June 28, 2013. They alleged that under the previous version of the regulations, nonprofit organizations affiliated with a house of worship that benefited from its self-insured plan could also benefit from its exemption to the mandate, and asserted this shelter was no longer available.

Similar to the initial complaint, the plaintiffs objected to being required to notify their insurers and or third-party health insurance administrators of their objection to the contraceptive services mandate, and asserted violations of the RFRA, APA, and their rights under the First Amendment.

On December 21, 2013, the plaintiffs appealed this case to the U.S. Court of Appeals for the D.C. Circuit, and on December 23, 2013, the District Court denied the plaintiffs’ request for an injunction pending appeal.

On January 17, 2014, the government cross-appealed to the DC Circuit Court (14-5021). On January 23, 2014, the plaintiffs’ appeal was consolidated with the the government’s cross-appeal, and Priests for Life v. Sebelius. The Court of Appeals (Judge Cornelia T.L. Pillard) ruled on November 14, 2014, that the accommodation the Department of Health and Human Services (HHS) has designed for religious nonprofits to comply with the contraceptive coverage mandate does not burden the plaintiffs' religious freedom. 772 F.3d 229 (D.C. Cir. 2014). On May 20, 2015, the Court of Appeals denied the plaintiffs' request for rehearing en banc, reasoning that the result in Hobby Lobby v. Sebelius did not compel them to credit the plaintiffs’ misinterpretation of the regulation the plaintiffs were challenging. 808 F.3d 1. On June 10, 2015, the Circuit Court ordered that the mandate be stayed through August 26, 2015, pending petition for writ of certiorari from the Supreme Court.

On November 6, 2015, the Supreme Court granted certiorari in this case in order to consider whether notifying the federal government by signing a form identifying the employer as a religious nonprofit that objects to the contraceptive services mandate (so that the government can work with the insurer or benefits provider to ensure employees have contraceptive coverage) violates RFRA, or constitutes the least restrictive means of achieving a compelling government interest. This case was consolidated with six other cases dealing with this issue. Together, the cases are known as Zubik v. Burwell [II].

This case was argued on March 23, 2016. On March 29, 2016, in an unusual move, the Supreme Court directed the parties to file supplemental briefs suggesting a solution to their disagreement, in which employees could still receive contraception coverage without employers giving any notice to the government. On May 16, 2016, the Court issued a per curiam order remanding all seven cases to their respective courts of appeals, ordering the lower courts to give the parties time to come to agreement on an approach that that "accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans 'receive full and equal health coverage, including contraceptive coverage.'" 136 S.Ct 1557, 1560. The Court took no position on the merits of this case.

Back in the Circuit Court, the parties submitted a series of status reports indicating they had entered into settlement negotiations with the new Trump administration. After the parties reached a settlement agreement in this and related cases on October 13, 2017, the parties filed a joint motion to voluntarily dismiss the appeal.

The settlement agreement detailed that new regulations promulgated by the Department of Health and Human Services granted religious nonprofits an exemption from the contraceptive mandate. The Government agreed that the contraceptive mandate could not be legally enforced against the plaintiffs in this matter or their health plans. The Government agreed that plaintiffs would be exempt from the contraceptive mandate and any materially similar regulation or agency policy. The Government also agreed that plaintiffs and their health plans would not suffer any adverse consequences as a result of the settlement agreement and that plaintiffs may reserve their right to challenge any new contraceptive-mandate-like law that the Government may enact. Finally, the Government agreed to pay plaintiffs $3 million in fees and costs.

The circuit court dismissed the case on Nov. 6, 2017. The case is now closed.

Summary Authors

Wyatt Fore (3/29/2013)

Mallory Jones (4/24/2014)

Kate Craddock (6/12/2016)

Virginia Weeks (12/3/2017)

Casey D'Alesandro (4/10/2021)

Related Cases

Geneva College v. Sebelius, Western District of Pennsylvania (2012)

East Texas Baptist University v. Sebelius, Southern District of Texas (2012)

Priests for Life v. Sebelius, District of Columbia (2013)

Southern Nazarene University v. Sebelius, Western District of Oklahoma (2013)

Little Sisters of the Poor Home for the Aged v. Sebelius, District of Colorado (2013)

Zubik v. Burwell [II], Western District of Pennsylvania (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4211566/parties/roman-catholic-archbishop-of-washington-v-sebelius/


Judge(s)

Brown, Janice Rogers (District of Columbia)

Jackson, Amy Berman (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Attorneys(s) for Plaintiff

Brogan, Stephen J. (District of Columbia)

Carvin, Michael Anthony (District of Columbia)

DeJulius, Leon F. Jr. (Pennsylvania)

Dreiband, Eric S. (District of Columbia)

Francisco, Noel (District of Columbia)

Goetz, John D. (Pennsylvania)

Judge(s)

Brown, Janice Rogers (District of Columbia)

Jackson, Amy Berman (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Attorneys(s) for Plaintiff

Brogan, Stephen J. (District of Columbia)

Carvin, Michael Anthony (District of Columbia)

DeJulius, Leon F. Jr. (Pennsylvania)

Dreiband, Eric S. (District of Columbia)

Francisco, Noel (District of Columbia)

Goetz, John D. (Pennsylvania)

Kairis, Matthew A (Ohio)

McSorley, Jeffrey Albert (District of Columbia)

Pohl, Paul M. (Pennsylvania)

Powers, Mary Ellen (District of Columbia)

Raimer, David T. (District of Columbia)

Shumaker, Gregory M. (District of Columbia)

Attorneys(s) for Defendant

Pruski, Jacek (District of Columbia)

Shumate, Brett (District of Columbia)

Other Attorney(s)

Heil, CeCe (Virginia)

Henderson, James Matthew Sr. (District of Columbia)

Manion, Francis J (Kentucky)

Roth, Stuart J. (District of Columbia)

Sekulow, Jay Alan (District of Columbia)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 31, 2013 Docket
1

Complaint

May 21, 2012 Complaint
22

Amici Curiae Brief [for 79 Members of Congress]

Aug. 28, 2012 Pleading / Motion / Brief
40

Opinion [dismissing the case for lack of ripeness]

920 F.Supp.2d 8, 2013 WL 285599, 2013 U.S.Dist.LEXIS 10174

Jan. 25, 2013 Order/Opinion
43

Order

U. S. Court of Appeals for the District of Columbia Circuit

2013 WL 3357814

June 21, 2013 Order/Opinion
44

Order

U. S. Court of Appeals for the District of Columbia Circuit

Oct. 31, 2013 Order/Opinion
48

Memorandum Opinion

19 F.Supp.3d 48

Dec. 20, 2013 Order/Opinion
52

Memorandum Opinion and Order

Dec. 23, 2013 Order/Opinion
1476407

Order

Priests for Life v. United States Department of Health and Human Services

U. S. Court of Appeals for the District of Columbia Circuit

Jan. 23, 2014 Order/Opinion
1522271

Opinion

Priests for Life v. United States Department of Health and Human Services

U. S. Court of Appeals for the District of Columbia Circuit

772 F.3d 229

May 8, 2014 Order/Opinion

Resources

Title Description External URL

The Statute Whose Name We Dare Not Speak: EMTALA and the Affordable Care Act

David W. Koeninger

This Article locates the Obama Administration's health care reform efforts-namely the Patient Protection and Affordable Care Act-within an overarching narrative about the consequences, some of them u… Jan. 1, 2013 https://www.ablelaw.org/images/stories/INTERNET/GET_INFO/MediaRoom/aca-emtala-koeninger.pdf

Further Clarity on Cooperation and Morality

David S. Oderberg

I explore the increasingly important issue of cooperation in immoral actions, particularly in connection with healthcare. Conscientious objection, especially as pertains to religious freedom in healt… April 1, 2017 https://jme.bmj.com/content/43/4/192.long

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4211566/roman-catholic-archbishop-of-washington-v-sebelius/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY ( Filing fee $ 350, receipt number 4616048391) filed by CATHOLIC UNIVERSITY OF AMERICA, CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., ARCHBISHOP CARROLL HIGH SCHOOL, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON, CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) . (Entered: 05/21/2012)

1 Civil Cover Sheet

View on PACER

May 21, 2012 PACER

SUMMONS (8) Issued as to TIMOTHY GEITHNER, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY, KATHLEEN SEBELIUS, U.S. Attorney and U.S. Attorney General (jf, )

May 21, 2012 PACER
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC. (jf, ) (Entered: 05/21/2012)

May 21, 2012 PACER
3

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by ARCHBISHOP CARROLL HIGH SCHOOL, INC. (jf, ) (Entered: 05/21/2012)

May 21, 2012 PACER
4

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC. (jf, ) (Entered: 05/21/2012)

May 21, 2012 PACER
5

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by CATHOLIC UNIVERSITY OF AMERICA (jf, ) (Entered: 05/21/2012)

May 21, 2012 PACER
6

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON (jf, ) (Entered: 05/21/2012)

May 21, 2012 RECAP
7

ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CIVIL PROCESS CLERK served on 5/25/2012 (Francisco, Noel) Modified on 6/21/2012 (jf, ). (Entered: 06/20/2012)

June 20, 2012 PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TIMOTHY GEITHNER served on 5/25/2012 (Francisco, Noel) (Entered: 06/21/2012)

June 21, 2012 PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/25/2012 (Francisco, Noel) (Entered: 06/21/2012)

June 21, 2012 PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/29/2012. (Francisco, Noel) Modified on 6/21/2012 (jf, ). (Entered: 06/21/2012)

June 21, 2012 PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF LABOR served on 6/01/2012 (Francisco, Noel) Modified on 6/21/2012 to correct service date (jf, ). (Entered: 06/21/2012)

June 21, 2012 PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KATHLEEN SEBELIUS served on 5/25/2012 (Francisco, Noel) (Entered: 06/21/2012)

June 21, 2012 PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HILDA SOLIS served on 5/25/2012 (Francisco, Noel) (Entered: 06/21/2012)

June 21, 2012 RECAP
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE TREASURY served on 5/25/2012 (Francisco, Noel) (Entered: 06/21/2012)

June 21, 2012 PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/29/2012. Answer due for ALL FEDERAL DEFENDANTS by 7/28/2012. (Francisco, Noel) Modified on 6/21/2012 to correct answer due date (jf, ). (Entered: 06/21/2012)

June 21, 2012 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 7 Summons Returned Executed as to Federal Defendant was entered in error and counsel was instructed to refile said pleading using the correct court event. Counsel has been advised not to add any new parties after the civil complaint filing. (jf, )

June 21, 2012 PACER

Reset Deadlines: Answer due for ALL FEDERAL DEFENDANTS by 7/28/2012 (jf, )

June 21, 2012 PACER
16

ERRATA Omitted USPS Track & Confirm confirmation from filing by ARCHBISHOP CARROLL HIGH SCHOOL, INC., CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON 14 Summons Returned Executed as to Federal Defendant. (Francisco, Noel) (Entered: 06/21/2012)

June 21, 2012 PACER
17

NOTICE of Appearance by Jacek Pruski on behalf of All Defendants (Pruski, Jacek) (Entered: 07/02/2012)

July 2, 2012 PACER
18

Joint MOTION for Extension of Time to Respond to Complaint by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Pruski, Jacek) (Entered: 07/11/2012)

July 11, 2012 PACER

ENTERED IN ERROR.....MINUTE ORDER granting 18 Motion for Extension of Time to Respond to Complaint. The answer/response will be due 7/30/2012. Signed by Judge Amy Berman Jackson on 7/11/2012. (MT) Modified on 7/11/2012 (jf, ).

July 11, 2012 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry re Order on Motion for Extension of Time to was entered in error and a corrected order to be issued. (jf, )

July 11, 2012 PACER

MINUTE ORDER granting 18 Motion for Extension of Time to Respond to Complaint. Defendants' motion to dismiss will be due 8/6/2012, with plaintiffs' opposition due 8/27/2012, and defendants' reply due 9/24/2012. Signed by Judge Amy Berman Jackson on 7/11/2012. (MT)

July 11, 2012 PACER

Set/Reset Deadlines: Defendants' Dispositive Motion is due by 8/6/2012; Plaintiffs' Opposition is due by 8/27/2012; Defendants' Reply is due by 9/24/2012. (jth)

July 11, 2012 PACER
19

MOTION to Dismiss for Lack of Jurisdiction by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Pruski, Jacek) (Entered: 08/06/2012)

Aug. 6, 2012 PACER
20

MOTION for Leave to File Amici Curiae Brief by AMERICAN CENTER FOR LAW & JUSTICE, 79 MEMBERS OF CONGRESS (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amici Brief, # 3 Corporate Disclosure Statement)(znmw, ) (Entered: 08/24/2012)

Aug. 23, 2012 PACER
21

Memorandum in opposition to re 19 MOTION to Dismiss for Lack of Jurisdiction filed by ARCHBISHOP CARROLL HIGH SCHOOL, INC., CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Text of Proposed Order)(Francisco, Noel) (Entered: 08/27/2012)

Aug. 27, 2012 PACER

MINUTE ORDER granting 20 Motion for Leave to File amici curiae brief. Signed by Judge Amy Berman Jackson on 8/28/12. (DMK)

Aug. 28, 2012 PACER
22

AMICUS BRIEF by 79 MEMBERS OF CONGRESS, AMERICAN CENTER FOR LAW & JUSTICE. (dr) (Entered: 08/28/2012)

Aug. 28, 2012 PACER
23

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by 79 MEMBERS OF CONGRESS, AMERICAN CENTER FOR LAW & JUSTICE identifying Corporate Parent NONE for 79 MEMBERS OF CONGRESS, AMERICAN CENTER FOR LAW & JUSTICE. (dr) (Entered: 08/28/2012)

Aug. 28, 2012 PACER
24

REPLY to opposition to motion re 19 MOTION to Dismiss for Lack of Jurisdiction filed by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY. (Pruski, Jacek) (Entered: 09/24/2012)

Sept. 24, 2012 PACER

NOTICE of Hearing on Motion: 19 MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing is scheduled for 10/17/2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth)

Sept. 28, 2012 PACER
25

Joint MOTION to Continue Oral Argument Pending Resolution of Defendants' Motion to Stay Case by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Pruski, Jacek) (Entered: 10/03/2012)

Oct. 3, 2012 PACER
26

MOTION to Stay Case Pending Resolution of Expedited Appeals Raising Identical Issues by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Pruski, Jacek) (Entered: 10/03/2012)

Oct. 3, 2012 PACER

MINUTE ORDER granting 25 Motion to Continue Oral Argument. It is ORDERED that the motion hearing scheduled for October 17, 2012 is VACATED. It is FURTHER ORDERED that plaintiffs' response to the motion to stay [Dkt. # 26] is due October 17, 2012; defendants' reply is due October 24, 2012; and a status conference/hearing on the motion to stay is scheduled for October 25, 2012 at 10:00 am in Courtroom # 3 before Judge Amy Berman Jackson. In the event of a scheduling conflict, counsel may contact the Deputy Clerk and need not file a motion on the docket. Signed by Judge Amy Berman Jackson on 10/4/12. (lcabj1)

Oct. 4, 2012 PACER

Set/Reset Deadlines/Hearings: plaintiffs' response due by 10/17/2012. defendants' reply due by 10/24/2012. Status Conference/Hearing set for 10/25/2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (kc) Modified on 10/4/2012 (kc ).

Oct. 4, 2012 PACER

Terminate hearings: The 10/17/2012 motion hearing is hereby vacated. (kc )

Oct. 4, 2012 PACER

Set/Reset Hearings: Status Conference originally set for 10/25/2012 is rescheduled for 11/2/2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (kc )

Oct. 4, 2012 PACER
27

MEET AND CONFER STATEMENT. (Francisco, Noel) (Entered: 10/16/2012)

Oct. 16, 2012 PACER
28

NOTICE of Appearance by Jay Alan Sekulow on behalf of 79 MEMBERS OF CONGRESS, AMERICAN CENTER FOR LAW & JUSTICE (Sekulow, Jay) (Entered: 10/17/2012)

Oct. 17, 2012 PACER
29

Memorandum in opposition to re 26 MOTION to Stay Case Pending Resolution of Expedited Appeals Raising Identical Issues filed by ARCHBISHOP CARROLL HIGH SCHOOL, INC., CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Francisco, Noel) (Entered: 10/17/2012)

Oct. 17, 2012 PACER
30

NOTICE OF WITHDRAWAL OF APPEARANCE as to 79 MEMBERS OF CONGRESS, AMERICAN CENTER FOR LAW & JUSTICE. Attorney James Matthew Henderson, Sr terminated. (Sekulow, Jay) (Entered: 10/19/2012)

Oct. 19, 2012 PACER
31

REPLY to opposition to motion re 26 MOTION to Stay Case Pending Resolution of Expedited Appeals Raising Identical Issues filed by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY. (Pruski, Jacek) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
32

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey Albert McSorley, :Firm- Jones Day, :Address- 51 Louisiana Ave., NW, Washington, DC 20001. Phone No. - 202.879.3631. Fax No. - 202.626.1700 by ARCHBISHOP CARROLL HIGH SCHOOL, INC., CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON (Francisco, Noel) (Entered: 11/01/2012)

Nov. 1, 2012 PACER

MINUTE ORDER granting 32 Motion for Leave of Jeffrey Albert McSorley to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 11/1/12. (DMK)

Nov. 1, 2012 PACER

Minute Entry for Proceedings held before Judge Amy Berman Jackson: Motion Hearing held on 11/2/2012 re 26 Defendants' MOTION to Stay Case Pending Resolution of Expedited Appeals Raising Identical Issues. For the reasons stated on the record in open Court, the 26 Motion to Stay is Granted. The parties are directed to file a Joint Status Report within ten (10) days of the decision by the DC Circuit in the consolidated appeals of Wheaton College v. Sebelius (12-5273) and Belmont Abbey College v. Sebelius (12-5291). The Administrative Record in this case is to be filed by 12/14/2012. Any motion to extend the deadline for the filing of the Administrative Record is due by 12/7/2012. (Court Reporter Kellie M. Humiston) (jth)

Nov. 2, 2012 PACER
33

NOTICE of Appearance by Eric Dreiband on behalf of All Plaintiffs (Dreiband, Eric) (Entered: 11/05/2012)

Nov. 5, 2012 PACER
34

NOTICE of Filing of Administrative Record by TIMOTHY F. GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit Index, # 2 Exhibit Certification)(Pruski, Jacek) (Entered: 12/14/2012)

Dec. 14, 2012 PACER
35

ADMINISTRATIVE RECORD by TIMOTHY F. GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY. (See Docket Entry 34 to view document) (jf, ) (Entered: 12/16/2012)

Dec. 14, 2012 PACER
36

STATUS REPORT by ARCHBISHOP CARROLL HIGH SCHOOL, INC., CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., TIMOTHY F. GEITHNER, ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit)(Francisco, Noel) (Entered: 12/27/2012)

Dec. 27, 2012 PACER

MINUTE ORDER. In light of the joint status report filed on December 27, 2012, [Dkt. # 36], it is ORDERED that on or before January 16, 2013, both sides shall file one pleading each, not to exceed five pages, addressing whether in light of the D.C. Circuit's Order in Wheaton College v. Sebelius, No. 12-5273, and Belmont Abbey College v. Sebelius, No. 12-5291 (Dec. 18, 2012), the Court should dismiss this case on ripeness grounds or maintain the case under stay. Signed by Judge Amy Berman Jackson on 1/2/13. (lcabj1)

Jan. 2, 2013 PACER

Set/Reset Deadlines: Both sides shall file one pleading each, not to exceed five (5) pages, addressing whether in light of the D.C. Circuit's Order in Wheaton College v. Sebelius, No. 12-5273, and Belmont Abbey College v. Sebelius, No. 12-5291 (Dec. 18, 2012), the Court should dismiss this case on ripeness grounds or maintain the case under stay. Pleadings from the parties are due by 1/16/2013. (jth)

Jan. 4, 2013 PACER
37

NOTICE OF SUPPLEMENTAL AUTHORITY by ARCHBISHOP CARROLL HIGH SCHOOL, INC., CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON. (Francisco, Noel) Modified on 1/17/2013 to correct docket event (jf, ). (Entered: 01/16/2013)

Jan. 16, 2013 PACER
38

SUPPLEMENTAL BRIEF re 37 NOTICE OF SUPPLEMENTAL AUTHORITY filed by TIMOTHY F. GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE TREASURY. (Pruski, Jacek) Modified on 1/17/2013 to add link (jf, ). (Entered: 01/16/2013)

Jan. 16, 2013 PACER
39

ORDER granting 19 Motion to Dismiss for Lack of Jurisdiction. It is ORDERED that defendants' motion to dismiss isGRANTED and the above-captioned case is DISMISSED. (SEE ORDER FOR COMPLETE DETAILS). Signed by Judge Amy Berman Jackson on 1/25/13. (lcabj1) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
40

MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 1/25/13. (lcabj1) (Entered: 01/25/2013)

Jan. 25, 2013 RECAP
41

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 40 Memorandum & Opinion, 39 Order on Motion to Dismiss/Lack of Jurisdiction, by ARCHBISHOP CARROLL HIGH SCHOOL, INC., CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON. Filing fee $ 455, receipt number 0090-3261395. Fee Status: Fee Paid. Parties have been notified. (Francisco, Noel) (Entered: 03/25/2013)

March 25, 2013 PACER
42

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 41 Notice of Appeal to DC Circuit Court,. (jf, ) (Entered: 03/26/2013)

March 26, 2013 PACER

USCA Case Number 13-5091 for 41 Notice of Appeal to DC Circuit Court, filed by CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, ARCHBISHOP CARROLL HIGH SCHOOL, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON. (jf, )

March 29, 2013 PACER
43

ORDER of USCA (certified copy) as to 41 Notice of Appeal to DC Circuit Court, filed by CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, ARCHBISHOP CARROLL HIGH SCHOOL, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON ; USCA Case Number 13-5091. ORDERED that the motion be denied. FURTHER ORDERED, on the court's own motion, that this appeal be held in abeyance pending further order of the court. (kb, ) (Entered: 06/28/2013)

June 21, 2013 PACER
44

MANDATE of USCA (certified copy) as to 41 Notice of Appeal to DC Circuit Court, filed by CATHOLIC CHARITIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CONSORTIUM OF CATHOLIC ACADEMIES OF THE ARCHDIOCESE OF WASHINGTON, INC., CATHOLIC UNIVERSITY OF AMERICA, ARCHBISHOP CARROLL HIGH SCHOOL, INC., ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON ; ORDERED that the appeal with respect to the challenge to the old regulations be dismissed as moot; FURTHER ORDERED that the motion for preliminary injunction challenging the new regulations be denied, as such relief should be sought in the first instance in the district court. USCA Case Number 13-5091. (md, ) (Entered: 11/02/2013)

Oct. 31, 2013 PACER

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: May 21, 2012

Closing Date: Nov. 6, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Archbishop of Washington DC and associated Catholic organizations.

Plaintiff Type(s):

Private Plaintiff

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Labor (Washington DC), Federal

Department of Treasury (Washington DC), Federal

Department of Health and Human Services (Washington DC), Federal

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

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

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

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

Constitutional Clause(s):

Freedom of speech/association

Free Exercise Clause

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination