Case: Persico v. Sebelius

1:12-cv-00123 | U.S. District Court for the Western District of Pennsylvania

Filed Date: May 21, 2012

Closed Date: 2013

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Case Summary

On May 21, 2012, the Catholic Diocese of Erie and affiliated Catholic organizations filed a lawsuit in the Western District of Pennsylvania against 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. 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. Plaintiffs contended that this mandatory contraception coverage violated their sincerely held religious beliefs.

On January 22, 2013, Judge Sean McLaughlin granted the U.S motion to dismiss all of plaintiffs' claims as unripe.

Summary Authors

Wyatt Fore (3/29/2013)

Related Cases

Persico v. Sebelius, Western District of Pennsylvania (2013)

Brandt, Bishop of The Roman Catholic Diocese of Greensburg v. Sebelius, Western District of Pennsylvania (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4374116/parties/persico-v-sebelius/


Judge(s)

Baxter, Susan Paradise (Pennsylvania)

Attorney for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Ellsworth, Laura E. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Attorney for Defendant
Expert/Monitor/Master/Other

Fardo, Noah Paul (Pennsylvania)

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Documents in the Clearinghouse

Document

1:12-cv-00123

Docket [PACER]

Jan. 22, 2013

Jan. 22, 2013

Docket
1

1:12-cv-00123

Complaint

Trautman v. Sebelius

May 21, 2012

May 21, 2012

Complaint
57

1:12-cv-00123

Opinion and Order [dismissing the plaintiffs' complaint for lack of subject matter jurisdiction]

Jan. 22, 2013

Jan. 22, 2013

Order/Opinion

919 F.Supp.2d 622

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4374116/persico-v-sebelius/

Last updated Dec. 18, 2024, 6:24 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Pennsylvania

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: May 21, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Roman Catholic Diocese of Erie, Pennsylvania and Catholic nonprofits within the diocese

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

Defendant Type(s):

Hospital/Health Department

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.

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Reproductive rights:

Contraception