Case: Massachusetts v. U.S. Department of Health & Human Services

1:09-cv-11156 | U.S. District Court for the District of Massachusetts

Filed Date: July 8, 2009

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On July 8, 2009, the Commonwealth of Massachusetts filed a lawsuit in the U.S. District Court for the District of Massachusetts under the Declaratory Judgment Act, 28 U.S.C. § 2201, against the federal government. The plaintiff asked the court for declaratory and injunctive relief, alleging an overreaching of federal authority into an exclusive sphere of the states. Specifically, the plaintiff claimed that the federal Defense of Marriage Act, 1 U.S.C. § 7, violates the Tenth Amendment, exceeds …

On July 8, 2009, the Commonwealth of Massachusetts filed a lawsuit in the U.S. District Court for the District of Massachusetts under the Declaratory Judgment Act, 28 U.S.C. § 2201, against the federal government. The plaintiff asked the court for declaratory and injunctive relief, alleging an overreaching of federal authority into an exclusive sphere of the states. Specifically, the plaintiff claimed that the federal Defense of Marriage Act, 1 U.S.C. § 7, violates the Tenth Amendment, exceeds Congress's Article I powers, and runs afoul of the Constitution's principles of federalism by creating an extensive federal regulatory scheme that interferes with and undermines the Commonwealth's sovereign authority to define marriage and to regulate the marital status of its citizens.

On July 8, 2010, the Court (Judge Joseph L. Tauro), substantially agreeing with the Commonwealth's characterization of DOMA, granted the plaintiff's motion for summary judgment and enjoined the federal government from enforcing DOMA against Massachusetts or its agencies. Massachusetts v. U.S. Dep't of Health & Human Services, 698 F.Supp.2d 234 (D. Mass. 2010). (The decision was issued the same day as Judge Tauro's decision striking down DOMA on equal protection grounds, in Gill v. Office of Personnel Management, 699 F.Supp.2d 374 (D. Mass. 2010), PB-MA-0006, and the two cases were consolidated on appeal.) The defendants appealed and moved for a stay of the injunction pending their appeal, and the Court (Judge Tauro) granted their motion.

On February 24, 2011, the Department of Justice indicated to the Court of Appeals that it had come to the conclusion that DOMA is unconstitutional and would cease defending it. (It would later file a brief in support of the plaintiffs' case on September 22.) In response, the Bipartisan Legal Advisory Group of the House of Representatives intervened to defend the act.

On August 23, 2011, the plaintiff moved for an initial en banc hearing to expedite the case, but despite a supporting brief from the Department of Justice, the Court of Appeals (Chief Judge Sandra L. Lynch) denied the motion.

After hearing arguments on April 4, 2012, on May 31 a three-judge panel of the First Circuit (Chief Judge Lynch, Judge Michael Boudin, and Judge Juan R. Torruella) unanimously affirmed the District Court's judgment in an opinion by Judge Boudin. Massachusetts v. U.S. Dep't of Health & Human Services, No. 10-2204, 2012 WL 1948017 (1st Cir. May 31, 2012). While the Court of Appeals refrained from applying heightened scrutiny, it also declined to employ hyper-deferential rational basis review; instead, the Court held that Supreme Court precedent in cases implicating the interests of historically disadvantaged minority groups (e.g. United States Department of Agriculture v. Moreno, 413 U.S. 528 (1973), City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985), Romer v. Evans, 517 U.S. 620 (1996)) and cases considering federal action in areas of traditional state concern (e.g. United States v. Morrison, 529 U.S. 598 (2000), United States v. Lopez, 514 U.S. 549 (1995)) suggested a more searching form of rational basis inquiry (so-called 'rational basis with bite'), and that the rationales given for DOMA did not hold up under this closer scrutiny. Injunctive relief was stayed pending the possibility of review by the Supreme Court; the Department of Justice sought review on July 3, 2012. The Supreme Court denied certiorari on June 27, 2013.

Summary Authors

Christopher Schad (12/7/2012)

Elizabeth Heise (11/11/2018)

Related Cases

Gill v. Office of Personnel Management, District of Massachusetts (2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4821643/parties/commonwealth-of-massachusetts-v-united-states-department-of-health-and/


Judge(s)

Boudin, Michael (Massachusetts)

Lynch, Sandra Lea (Massachusetts)

Tauro, Joseph Louis (Massachusetts)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Barry-Smith, Christopher K. (Massachusetts)

Boyle, Brian J. (Massachusetts)

Coakley, Martha (Massachusetts)

Ellsworth, Felicia H. (Massachusetts)

Fleming, Mark C. (Massachusetts)

Friedman, David S. (Massachusetts)

Judge(s)

Boudin, Michael (Massachusetts)

Lynch, Sandra Lea (Massachusetts)

Tauro, Joseph Louis (Massachusetts)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Barry-Smith, Christopher K. (Massachusetts)

Boyle, Brian J. (Massachusetts)

Coakley, Martha (Massachusetts)

Ellsworth, Felicia H. (Massachusetts)

Fleming, Mark C. (Massachusetts)

Friedman, David S. (Massachusetts)

Healey, Maura T. (Massachusetts)

Jacobson, Joshua D. (Massachusetts)

Lindemann, Jessica M. (Massachusetts)

Miller, Jonathan B. (Massachusetts)

O'Grady, Margaret E. (Massachusetts)

Schoenfeld, Alan E. (New York)

Walker, Mary Beth (District of Columbia)

Wolfson, Paul R. Q. (Illinois)

Attorneys(s) for Defendant

Bartolomucci, H. Christopher (District of Columbia)

Bressler, Steven Y. (District of Columbia)

Clement, Paul D. (District of Columbia)

Davenport, Christine (District of Columbia)

Delery, Stuart F. (District of Columbia)

Flentje, August E. (District of Columbia)

Hall, Christopher R. (District of Columbia)

Kingsley, Benjamin S. (District of Columbia)

Kircher, Kerry W. (District of Columbia)

Kopp, Robert E (District of Columbia)

Kruger, Leondra R. (District of Columbia)

Nelson, Nicholas J. (District of Columbia)

Ortiz, Carmen M. (Massachusetts)

Pittard, William (District of Columbia)

Shah, Pratik A. (District of Columbia)

Singer, Michael Jay (District of Columbia)

Srinivasan, Srikanth (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

West, Tony (District of Columbia)

Other Attorney(s)

Moran, Philip D. (Massachusetts)

Thomas, Mark (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

July 31, 2012 Docket

Docket

Commonwealth of Massachusetts v. United States Department of Health and Human Services

July 1, 2013 Docket
1

Complaint

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

July 8, 2009 Complaint
58

Memorandum

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

698 F.Supp.2d 234

July 8, 2010 Order/Opinion
63

Judgment

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

Aug. 12, 2010 Order/Opinion
65

Order

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

Aug. 24, 2010 Order/Opinion
00116175339

Department of Justice Letter Regarding Defense of Marriage Act Litigation

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

U. S. Court of Appeals for the First Circuit

Feb. 24, 2011 Notice Letter

Superseding Brief for the U.S. Department of Health and Human Services

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

U. S. Court of Appeals for the First Circuit

Sept. 22, 2011 Pleading / Motion / Brief

Opinion

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

U. S. Court of Appeals for the First Circuit

682 F.3d 1, 2012 WL 1948017

May 31, 2012 Order/Opinion

Petition for a Writ of Certiorari

U.S. Department of Health & Human Services v. Massachusetts

Supreme Court of the United States

July 3, 2012 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4821643/commonwealth-of-massachusetts-v-united-states-department-of-health-and/

Last updated May 20, 2022, 2:38 a.m.

ECF Number Description Date Link
1

COMPLAINT Payment will be delivered against all defendants, filed by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet, # 6 Civil Cover Sheet)(Miller, Jonathan) (Entered: 07/08/2009)

1 Exhibit

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2 Exhibit

View on PACER

3 Exhibit

View on RECAP

4 Exhibit

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5 Exhibit

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6 Civil Cover Sheet

View on RECAP

7 Civil Cover Sheet

View on RECAP

July 8, 2009 RECAP
2

General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Cummings, Mary) (Entered: 07/08/2009)

July 8, 2009 PACER
3

Summons Issued as to United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cummings, Mary) (Entered: 07/08/2009)

July 8, 2009 RECAP
4

NOTICE of Appearance by Steven Y. Bressler on behalf of United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America (Bressler, Steven) (Entered: 09/02/2009)

Sept. 2, 2009 PACER
5

SUMMONS Returned Executed by Commonwealth of Massachusetts. United States Department of Health and Human Services served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

Sept. 4, 2009 PACER
6

SUMMONS Returned Executed by Commonwealth of Massachusetts. Kathleen Sebelius served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

Sept. 4, 2009 PACER
7

SUMMONS Returned Executed by Commonwealth of Massachusetts. United States Department of Veterans Affairs served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

Sept. 4, 2009 PACER
8

SUMMONS Returned Executed by Commonwealth of Massachusetts. Eric K. Shinseki served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

Sept. 4, 2009 PACER
9

SUMMONS Returned Executed by Commonwealth of Massachusetts. United States of America served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

Sept. 4, 2009 PACER
10

MOTION to Intervene or MOTION for Leave to File Amicus Brief ( Responses due by 10/1/2009) by Mark Thomas.(Abaid, Kimberly) (Entered: 09/17/2009)

Sept. 17, 2009 PACER
11

AFFIDAVIT by Mark Thomas. (Abaid, Kimberly) (Entered: 09/17/2009)

Sept. 17, 2009 PACER
12

RESPONSE to Motion re 10 MOTION to Intervene MOTION for Leave to File filed by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit)(Miller, Jonathan) (Entered: 10/01/2009)

Oct. 1, 2009 PACER
13

RESPONSE to Motion re 10 MOTION to Intervene MOTION for Leave to File filed by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America. (Bressler, Steven) (Entered: 10/01/2009)

Oct. 1, 2009 PACER
14

Assented to MOTION for Extension of Time to October 30, 2009 to Respond to Plaintiff's Complaint by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America.(Bressler, Steven) (Entered: 10/07/2009)

Oct. 7, 2009 PACER
15

MOTION for Leave to Clarify Motion of September 17, 2009 by Mark Thomas.(Abaid, Kimberly) (Entered: 10/08/2009)

Oct. 8, 2009 PACER
16

MOTION to Dismiss by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America.(Bressler, Steven) (Entered: 10/30/2009)

Oct. 30, 2009 PACER
17

MEMORANDUM in Support re 16 MOTION to Dismiss filed by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America. (Bressler, Steven) (Entered: 10/30/2009)

Oct. 30, 2009 RECAP
18

Assented to MOTION for Leave to File Excess Pages in Defendants' Memorandum of Law in Support of Defendants' Motion to Dismiss (Docket Entry No. 17) by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America.(Bressler, Steven) (Entered: 10/30/2009)

Oct. 30, 2009 PACER
19

Letter from Maura T. Healey. (Abaid, Kimberly) (Entered: 11/03/2009)

Nov. 2, 2009 RECAP
20

STIPULATION And Proposed Order Regarding Schedule by Commonwealth of Massachusetts. (Healey, Maura) (Entered: 11/17/2009)

Nov. 17, 2009 PACER
21

Judge Joseph L. Tauro: ENDORSEMENT re 20 Stipulation filed by Commonwealth of Massachusetts - APPROVED AND SO ORDERED. (Abaid, Kimberly) (Entered: 11/19/2009)

Nov. 19, 2009 PACER
22

NOTICE of Withdrawal of Appearance for David Friedman (Miller, Jonathan) Modified on 1/26/2010 (Abaid, Kimberly). (Entered: 01/26/2010)

Jan. 26, 2010 PACER
23

Assented to MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss to February 18, 2010 by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit)(Miller, Jonathan) (Entered: 01/29/2010)

Jan. 29, 2010 PACER
24

MOTION to Intervene and File Motion to Dismiss by Mark Thomas.(Abaid, Kimberly) (Entered: 02/12/2010)

Feb. 11, 2010 PACER
25

MOTION for Leave to File Excess Pages for Memorandum of Law in Opposition to Defendants' Motion to Dismiss and in Support of Plaintiff's Motion for Summary Judgment by Commonwealth of Massachusetts.(Miller, Jonathan) (Entered: 02/17/2010)

Feb. 17, 2010 PACER
26

MOTION for Summary Judgment by Commonwealth of Massachusetts.(Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
27

STATEMENT of facts re 26 MOTION for Summary Judgment. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
28

MEMORANDUM in Support re 26 MOTION for Summary Judgment filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
29

MEMORANDUM in Opposition re 16 MOTION to Dismiss filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
30

AFFIDAVIT of Robin Callahan re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
31

AFFIDAVIT of William Walls re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
32

AFFIDAVIT of Kevin McHugh re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
33

AFFIDAVIT of Dolores Mitchell re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
34

AFFIDAVIT of Stanley Nyberg re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
35

AFFIDAVIT of Michael Lamb re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
36

AFFIDAVIT of Gary Segura re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
37

AFFIDAVIT of Gregory Herek re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
38

AFFIDAVIT of George Chauncey re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
39

AFFIDAVIT of Nancy Cott re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
40

AFFIDAVIT of Jonathan Miller re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
41

RESPONSE to Motion re 24 MOTION to Intervene filed by Commonwealth of Massachusetts. (Healey, Maura) (Entered: 02/23/2010)

Feb. 23, 2010 PACER
42

RESPONSE to Motion re 24 MOTION to Intervene filed by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America. (Bressler, Steven) (Entered: 02/25/2010)

Feb. 25, 2010 PACER
43

AFFIDAVIT of Robin Callahan re 26 MOTION for Summary Judgment (with signature) by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 03/04/2010)

March 4, 2010 PACER
44

MEMORANDUM in Support re 26 MOTION for Summary Judgment filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 03/25/2010)

March 25, 2010 PACER
45

Judge Joseph L. Tauro:ORDER entered. DENIED 10 Motion to Intervene or Motion for Leave to File Amicus Brief; DENIED 15 Motion for Leave to Clarify Motion of September 17, 2009; DENIED 24 Motion for Leave to Intervene and File a Motion to Dismiss. (Geraldino-Karasek, Clarilde) (Entered: 04/23/2010)

April 22, 2010 RECAP
46

NOTICE of Appearance by Christopher R. Hall on behalf of Kathleen Sebelius, Eric K. Shinseki, United States Department of Health and Human Services, United States Department of Veterans Affairs, United States of America (Hall, Christopher) (Entered: 04/30/2010)

April 30, 2010 PACER
47

REPLY to Response to 16 MOTION to Dismiss and Consolidated Memorandum in Opposition to Plaintiff's Motion for Summary Judgment filed by Kathleen Sebelius, Eric K. Shinseki, United States Department of Health and Human Services, United States Department of Veterans Affairs, United States of America. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts Not in Dispute)(Hall, Christopher) (Entered: 04/30/2010)

April 30, 2010 PACER
48

Response by United States of America to 27 Statement of facts. (Abaid, Kimberly) (Entered: 05/03/2010)

April 30, 2010 PACER
49

NOTICE of Appearance by Jessica M. Lindemann on behalf of Commonwealth of Massachusetts (Lindemann, Jessica) (Entered: 05/18/2010)

May 18, 2010 PACER
50

REPLY to Response to 26 MOTION for Summary Judgment filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 05/19/2010)

May 19, 2010 PACER
51

Transcript of Motion Hearing held on May 26, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Helena Kline at 508-525-7769 Redaction Request due 6/28/2010. Redacted Transcript Deadline set for 7/8/2010. Release of Transcript Restriction set for 9/7/2010. (Scalfani, Deborah) (Main Document 51 replaced on 6/9/2010) (Scalfani, Deborah). (Entered: 06/07/2010)

June 7, 2010 PACER
52

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 06/07/2010)

June 7, 2010 PACER
53

MOTION to Leave to Intervene and MOTION to Compel Ruling pursuant to 28 U.S.C.A. § 1652; Rule 24 (b) United States Constitution Article IV § 4 and 14th Amendment by Mark A. Thomas.(Geraldino-Karasek, Clarilde) (Entered: 06/15/2010)

June 14, 2010 PACER
54

RESPONSE to Motion re 53 MOTION to Intervene filed by Commonwealth of Massachusetts. (Lindemann, Jessica) (Entered: 06/16/2010)

June 16, 2010 PACER
55

Judge Joseph L. Tauro: ORDER entered DENIED IN PART and DENIED IN PART AS MOOT re 53 Motion to Leave to Intervene and Motion to Compel Ruling pursuant to 28 U.S.C.A. § 1652; Rule 24 (b) United States Constitution Article IV § 4 and 14th Amendment by Mark A. Thomas. (Geraldino-Karasek, Clarilde) (Entered: 06/16/2010)

June 16, 2010 RECAP
56

RESPONSE and AFFIDAVIT of Applicant-Intervenor filed by Mark Thomas re 55 . (Geraldino-Karasek, Clarilde) Modified to create document association on 6/25/2010 (Geraldino-Karasek, Clarilde). (Entered: 06/24/2010)

June 24, 2010 PACER
57

Judge Joseph L. Tauro: ORDER entered. Defendant's Motion to Dismiss re 16 is DENIED and Plaintiff's Motion for Summary Judgment re 26 is ALLOWED. IT IS ORDERED. (Main Document 57 replaced to correct docket entry on 7/8/2010) (Geraldino-Karasek, Clarilde). (Entered: 07/08/2010)

July 8, 2010 RECAP
58

Judge Joseph L. Tauro: MEMORANDUM AND ORDER entered. Defendant's Motion to Dismiss re 16 is DENIED and Plaintff's Motion for Summary Judgment re 26 is ALLOWED. AN ORDER HAS ISSUED.(Main Document 58 replaced on 7/8/2010 to correct docket entry ) (Geraldino-Karasek, Clarilde). (Entered: 07/08/2010)

July 8, 2010 RECAP
59

MOTION for Leave to Intervene and MOTION to Amend, Revise, or Vacate Judgment pursuant to Rule 24 (b); Rule 59 (e) and 14th Amendment Due Process Clause by Mark Thomas.(Geraldino-Karasek, Clarilde) (Entered: 07/20/2010)

July 19, 2010 RECAP
60

Opposition re 59 MOTION for Leave to File filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 07/23/2010)

July 23, 2010 RECAP
61

MOTION for Leave to File Clarifying Points of Law to Movant's Rule 24(b) and 59 (e) Motions by Mark Thomas.(Geraldino-Karasek, Clarilde) (Entered: 07/26/2010)

July 26, 2010 RECAP
62

Judge Joseph L. Tauro: ORDER entered. After reviewing the Parties' written submissions, this court hereby orders that: MOTION for Leave to Intervene and MOTION to Amend, Revise, or Vacate Judgment, re 59 IS DENIED and MOTION for Leave to File Clarifying Points of Law to Movant's Motion to Amend, Revise or Vacate Judgment re 61 IS DENIED. See Order for details. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) (Entered: 07/29/2010)

July 29, 2010 RECAP
63

Judge Joseph L. Tauro: JUDGMENT ORDER entered. (Geraldino-Karasek, Clarilde) (Entered: 08/12/2010)

Aug. 12, 2010 RECAP
64

Assented to MOTION to Stay re 63 Judgment for Stay of Injunctive Relief Pending Appeal by Kathleen Sebelius, Eric K. Shinseki, United States Department of Health and Human Services, United States Department of Veterans Affairs, United States of America. (Attachments: # 1 Text of Proposed Order)(Simpson, W.) (Entered: 08/19/2010)

1 Text of Proposed Order

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Aug. 19, 2010 RECAP
65

Judge Joseph L. Tauro: ORDER entered ALLOWED 64 Motion to Stay of Injunctive Relief Pending Appeal. (Geraldino-Karasek, Clarilde) (Entered: 08/25/2010)

Aug. 24, 2010 RECAP
66

Judge Joseph L. Tauro: ORDER entered 64 . The Defendants' is GRANTED, and the injunctive relief entered as part of the judgment is this action is stayed pending the disposition of any appeal filed by the Defendants. (Geraldino-Karasek, Clarilde) (Entered: 08/25/2010)

Aug. 24, 2010 RECAP
67

MOTION to Intervene by Lamar Smith. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Notice of Appeal)(Moran, Philip) (Entered: 10/05/2010)

1 Exhibit 1

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2 Exhibit 2

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3 Proposed Notice of Appeal

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Oct. 5, 2010 RECAP
68

MEMORANDUM in Support re 67 MOTION to Intervene filed by Lamar Smith. (Moran, Philip) (Entered: 10/05/2010)

Oct. 5, 2010 RECAP
69

NOTICE of Appearance by Philip D. Moran on behalf of Lamar Smith (Moran, Philip) (Entered: 10/05/2010)

Oct. 5, 2010 PACER
70

MOTION for Leave to Appear Pro Hac Vice for admission of Brian W. Raum, Byron J. Babione, Dale Schowengerdt Filing fee: $ 150, receipt number 0101-3096097 by Lamar Smith. (Attachments: # 1 Certificate of Brian W. Raum for Leave to Appear Pro Hac Vice, # 2 Certificate of Byron J. Babione for Leave to Appear Pro Hac Vice, # 3 Certificate of Dale Schowengerdt for Leave to Appear Pro Hac Vice, # 4 Proposed Order)(Moran, Philip) (Entered: 10/05/2010)

Oct. 5, 2010 PACER
71

Defendants' NOTICE OF APPEAL as to 63 Judgment, 57 Memorandum & ORDER, 58 Order, by Kathleen Sebelius, Eric K. Shinseki, United States Department of Health and Human Services, United States Department of Veterans Affairs, United States of America Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 11/1/2010. (Hall, Christopher) (Entered: 10/12/2010)

Oct. 12, 2010 RECAP
72

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 71 Notice of Appeal, (Ramos, Jeanette) (Entered: 10/12/2010)

Oct. 12, 2010 PACER
73

NOTICE of Withdrawal re 67 MOTION to Intervene by Lamar Smith (Moran, Philip) (Modified on 10/20/2010 to correct docket entry Geraldino-Karasek, Clarilde). (Entered: 10/18/2010) (Entered: 10/18/2010)

Oct. 18, 2010 PACER
74

NOTICE of Withdrawal of Appearance by Jessica M. Lindemann (Lindemann, Jessica) (Entered: 07/07/2011)

July 7, 2011 PACER
75

USCA Judgment as to 71 Notice of Appeal, filed by United States Department of Health and Human Services, Kathleen Sebelius, Eric K. Shinseki, United States of America, United States Department of Veterans Affairs. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is affirmed. The mandate is stayed, maintaining the district court's stay of its injunctive judgment, pending further order of this court. The parties will bear their own costs on these appeals. Judgment issued in the USCA 5/31/2012 (Ramos, Jeanette) (Entered: 05/31/2012)

May 31, 2012 PACER
76

OPINION of USCA as to 71 Notice of Appeal, filed by United States Department of Health and Human Services, Kathleen Sebelius, Eric K. Shinseki, United States of America, United States Department of Veterans Affairs. Opinion issued in the USCA 5/31/2012 (Ramos, Jeanette) (Entered: 05/31/2012)

May 31, 2012 PACER
77

Case Appealed to Supreme Court, Case Number 12−15. The petition for a writ of certiorari in the above entitled case was filed on July 3, 2012. (Ramos, Jeanette) (Entered: 07/09/2012)

July 9, 2012
78

Case Appealed to Supreme Court, Case Number 12−97. The petition for a writ of certiorari in the above entitled case was filed on July 20, 2012 (Ramos, Jeanette) (Entered: 07/31/2012)

July 31, 2012
79

Order entered from the U.S. Supreme Court. The Petition for a Writ of Certiorari is Denied. (Paine, Matthew) (Entered: 06/28/2013)

June 27, 2013
80

Order entered from the U.S. Supreme Court. The Petition for a Writ of Certiorari is Denied. (Paine, Matthew) (Entered: 06/28/2013)

June 27, 2013
81

MANDATE of USCA as to 71 Notice of Appeal filed by United States Department of Health and Human Services, Kathleen Sebelius, Eric K. Shinseki, United States of America, United States Department of Veterans Affairs. Appeal 71 Terminated (Paine, Matthew) (Entered: 07/02/2013)

July 1, 2013

State / Territory: Massachusetts

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: July 8, 2009

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of Massachusetts.

Plaintiff Type(s):

State 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 Veterans Affairs, Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2012 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sexual orientatation