Case: Eternal World Television Network v. Sebelius

2:12-cv-00501 | U.S. District Court for the Northern District of Alabama

Filed Date: Feb. 9, 2012

Closed Date: 2013

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Case Summary

On February 9, 2012, a Catholic media network filed a lawsuit in the U.S. District Court for the Northern District of Alabama under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiff, represented by in-house counsel and the Becket Fund for Religious Liberty, asked the court for both declaratory and injunctive relief, alleging that federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA") violated its religious freedom by requiring it to provide employee insurance coverage for contraception through its group health insurance plan. Claiming that providing coverage for contraception would both contravene its Catholic faith and compel speech contrary to its beliefs, the plaintiff sought an exemption from the ACA's contraception mandate for itself and other institutions with similar religious objections.

On May 4, 2012, the defendant departments moved to dismiss the case for lack of jurisdiction. The U.S. argued that the plaintiff could not claim any imminent harm because the plaintiff had not alleged any facts showing that it did not qualify for the enforcement "safe harbor" period extending until January 1, 2014, and because the U.S. was in the process of amending the contraceptive coverage regulations to accommodate the objections of religious institutions like the plaintiff. In its brief opposing the motion to dismiss, the plaintiff argued that it could claim imminent harm because the anticipated amendments likely would not change the offensive contraception coverage requirement.

On March 25, 2013, Chief District Court Judge Sharon Lovelace Blackburn granted the U.S. motion to dismiss. Chief Judge Blackburn found that, while the plaintiff had alleged sufficient imminent harm to establish standing to bring the case, the government's efforts to address the plaintiff's concerns via the anticipated amendments rendered the plaintiff's claim not yet ripe for review.

On October 28, 2013, Plaintiff's revived their complaint in the Southern District of Alabama. Eternal Word Television Network, Inc. et al v. Sebelius.

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Summary Authors

Hannah Swanson (4/8/2013)

Richard Jolly (3/16/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4126835/parties/eternal-word-television-network-inc-v-sebelius/

Judge(s)

Blackburn, Sharon Lovelace (Alabama)

Attorney for Plaintiff

Duncan, S. Kyle (District of Columbia)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Brasher, Andrew Lynn (Alabama)

Delery, Stuart F. (District of Columbia)

Expert/Monitor/Master/Other

Judge(s)

Blackburn, Sharon Lovelace (Alabama)

Attorney for Plaintiff

Duncan, S. Kyle (District of Columbia)

Duncan, Kyle (Alabama)

Kniffin, Eric N (District of Columbia)

Rienzi, Mark (District of Columbia)

Windham, Lori H. (District of Columbia)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Brasher, Andrew Lynn (Alabama)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Nelson, James D. (District of Columbia)

Parker, William G. Jr. (Alabama)

Payne, Joshua Kerry (Alabama)

Pruski, Jacek (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Vance, Joyce White (Alabama)

Womack, Eric R. (District of Columbia)

Expert/Monitor/Master/Other

Strange, Luther J (Alabama)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:12-cv-00501	Docket (PACER)	Feb. 22, 2013	Feb. 22, 2013 Docket
13 2:12-cv-00501	First Amended Complaint	March 21, 2012	March 21, 2012 Pleading / Motion / Brief
15 2:12-cv-00501	State of Alabama's Memorandum in Support of Motion to Intervene	March 22, 2012	March 22, 2012 Pleading / Motion / Brief
29-1 2:12-cv-00501	Memorandum in Support of Defendant's Motion to Dismiss Plaintiff's First Amended Complaint	May 4, 2012	May 4, 2012 Findings Letter/Report 2012 WL 1619668
30 2:12-cv-00501	Order	May 9, 2012	May 9, 2012 Order/Opinion
33 2:12-cv-00501	Plaintiff's Opposition to Defendant's Motion to Dismiss	June 1, 2012	June 1, 2012 Pleading / Motion / Brief 2012 WL 2029917
36 2:12-cv-00501	Defendant's Reply in Support of Their Motion to Dismiss Plaintiff's First Amended Complaint	June 25, 2012	June 25, 2012 Pleading / Motion / Brief 2012 WL 2578357
72 2:12-cv-00501	Intervenors' Notice of Recent Factual and Legal Developments	Feb. 5, 2013	Feb. 5, 2013 Pleading / Motion / Brief
79 2:12-cv-00501	Memorandum Opinion	March 25, 2013	March 25, 2013 Order/Opinion 935 F.Supp.2d 1196
80 2:12-cv-00501	Order [Granting Motion to Dismiss for Lack of Jurisdiction]	March 25, 2013	March 25, 2013 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Eternal World Television Network, Inc. v. Sebelius ACLU Alabama	As part of the Affordable Care Act, the federal government issued a rule that requires health plans to cover contraception without a co-pay. To date, 92 cases have been filed challenging the rule as …	March 29, 2016	March 29, 2016 https://www.aclualabama.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4126835/eternal-word-television-network-inc-v-sebelius/

Last updated Feb. 17, 2026, 1:48 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, filed by Eternal Word Television Network Inc.(KAM, ) (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012 RECAP
2	NOTICE of Corporate Disclosure by Eternal Word Television Network Inc (KAM, ) (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012
3	MOTION for Leave to Appear Pro Hac Vice by Eternal Word Television Network Inc. (Kniffin, Eric) (Entered: 02/17/2012)	Feb. 17, 2012	Feb. 17, 2012
4	MOTION for Leave to Appear Pro Hac Vice by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 02/17/2012)	Feb. 17, 2012	Feb. 17, 2012
5	SUMMONS Returned Executed by Eternal Word Television Network Inc. Kathleen Sebelius served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012
6	SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of Health and Human Services served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012
7	SUMMONS Returned Executed by Eternal Word Television Network Inc. Hilda Solis served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012
8	SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of Labor served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012
9	SUMMONS Returned Executed by Eternal Word Television Network Inc. Timothy Geithner served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012
10	SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of the Treasury served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012
11	AFFIDAVIT of Service for copies of summonses and complaint served on Civil Process Clerk, U.S. Attorneys Office on 03/05/2012, filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012
12	AFFIDAVIT of Service for copies of summonses and complaint served on U.S. Attorney General on 03/05/2012, filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012
13	AMENDED COMPLAINT against All Defendants, filed by Eternal Word Television Network Inc.(Duncan, Kyle) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012
14	MOTION to Intervene by State of Alabama, Luther Strange. (Attachments: # 1 Exhibit 1)(Brasher, Andrew) (Entered: 03/22/2012)	March 22, 2012	March 22, 2012
15	Brief re 14 MOTION to Intervene filed by State of Alabama, Luther Strange. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Brasher, Andrew) (Entered: 03/22/2012)	March 22, 2012	March 22, 2012
16	ORDER re 14 MOTION to Intervene filed by Luther Strange, State of Alabama ; any opposition to the motion is due by 4/23/2012; the putative interveners must file any argument by 5/23/2012. Signed by Chief Judge Sharon Lovelace Blackburn on 3/22/2012. (KAM, ) (Entered: 03/22/2012)	March 22, 2012	March 22, 2012
17	CERTIFICATE OF SERVICE by State of Alabama, Luther Strange Amended (Payne, Joshua) (Entered: 03/23/2012)	March 23, 2012	March 23, 2012
18	SUMMONS Returned Executed by Eternal Word Television Network Inc. Kathleen Sebelius served on 4/9/2012, answer due 6/8/2012. (Duncan, Kyle) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012
19	SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of Health and Human Services served on 4/9/2012, answer due 6/8/2012. (Duncan, Kyle) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012
20	SUMMONS Returned Executed by Eternal Word Television Network Inc. Hilda Solis served on 4/9/2012, answer due 6/8/2012. (Duncan, Kyle) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012
21	SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of Labor served on 4/9/2012, answer due 6/8/2012. (Duncan, Kyle) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012
22	SUMMONS Returned Executed by Eternal Word Television Network Inc. Timothy Geithner served on 4/10/2012, answer due 6/11/2012. (Duncan, Kyle) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012
23	SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of the Treasury served on 4/10/2012, answer due 6/11/2012. (Duncan, Kyle) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012
24	AFFIDAVIT of Service for Copies of summonses and amended complaint served on Civil Process Clerk, U.S. Attorneys Office on 4/6/2012, filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012
25	AFFIDAVIT of Service for Copies of summonses and amended complaint served on U.S. Attorney General on 4/9/2012, filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012
26	NOTICE of Appearance by Eric R Womack on behalf of All Defendants (Womack, Eric) (Entered: 04/23/2012)	April 23, 2012	April 23, 2012
27	RESPONSE in Opposition re 14 MOTION to Intervene filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Womack, Eric) (Entered: 04/23/2012)	April 23, 2012	April 23, 2012
28	MOTION for Leave to Appear Pro Hac Vice by Eternal Word Television Network Inc. (Windham, Lori) (Entered: 04/27/2012)	April 27, 2012	April 27, 2012
29	MOTION to Dismiss for Lack of Jurisdiction by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Memorandum in Support)(Womack, Eric) (Entered: 05/04/2012)	May 4, 2012	May 4, 2012
30	ORDER re 29 MOTION to Dismiss for Lack of Jurisdiction filed by United States Department of the Treasury, Hilda Solis, Kathleen Sebelius, Timothy Geithner, United States Department of Health and Human Services, United States Department of Labor ; any opposition is due by 6/1/2012; reply is due by 6/25/2012. Signed by Chief Judge Sharon Lovelace Blackburn on 5/9/2012. (KAM, ) (Entered: 05/09/2012)	May 9, 2012	May 9, 2012
31	REPLY to Response to Motion re 14 MOTION to Intervene filed by State of Alabama, Luther Strange. (Brasher, Andrew) (Entered: 05/23/2012)	May 23, 2012	May 23, 2012
32	REPLY to re 14 Motion to Intervene filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 05/23/2012)	May 23, 2012	May 23, 2012
33	RESPONSE in Opposition re 29 MOTION to Dismiss for Lack of Jurisdiction filed by Eternal Word Television Network Inc. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Affidavit, # 4 Exhibit)(Duncan, Kyle) (Entered: 06/01/2012)	June 1, 2012	June 1, 2012
34	NOTICE of Appearance by Jacek Pruski on behalf of All Defendants (Pruski, Jacek) (Entered: 06/15/2012)	June 15, 2012	June 15, 2012
35	Joint MOTION for Extension of Time by Eternal Word Television Network Inc. (Windham, Lori) (Entered: 06/15/2012)	June 15, 2012	June 15, 2012
36	REPLY Brief filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re: 29 MOTION to Dismiss for Lack of Jurisdiction, 33 Response in Opposition to Motion filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 06/25/2012)	June 25, 2012	June 25, 2012
37	REPORT of Rule 26(f) Planning Meeting. (Duncan, Kyle) (Entered: 07/10/2012)	July 10, 2012	July 10, 2012
38	MOTION to Stay Discovery by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 07/10/2012)	July 10, 2012	July 10, 2012
39	MOTION for Leave to File Surreply by Eternal Word Television Network Inc. (Attachments: # 1 Exhibit Plaintiff's Surreply in Opposition to Defendants' Motion to Dismiss)(Duncan, Kyle) (Entered: 07/12/2012)	July 12, 2012	July 12, 2012
40	NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury of Supplemental Authority (Attachments: # 1 Exhibit State of Nebraska v. HHS)(Pruski, Jacek) (Entered: 07/18/2012)	July 18, 2012	July 18, 2012
41	NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury of Supplemental Authority (Attachments: # 1 Exhibit Belmont Abbey College v. Sebelius)(Pruski, Jacek) (Entered: 07/19/2012)	July 19, 2012	July 19, 2012
42	RESPONSE to Defendants Citation of Supplemental Authority filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 07/19/2012)	July 19, 2012	July 19, 2012
43	RESPONSE to re 40 Defendants' Supplemental Authority filed by State of Alabama, Luther Strange. (Attachments: # 1 Exhibit A - List of Alabama Health Insurance Mandates, # 2 Exhibit B - 2011 Health Insurance Mandates in the States)(Brasher, Andrew) (Entered: 07/20/2012)	July 20, 2012	July 20, 2012
44	RESPONSE to re 40 filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 07/20/2012)	July 20, 2012	July 20, 2012
45	RESPONSE to re 43 Proposed Intervenors' Response to Nebraska v. HHS filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 07/27/2012)	July 27, 2012	July 27, 2012
46	RESPONSE in Opposition re 38 MOTION to Stay Discovery filed by Eternal Word Television Network Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Duncan, Kyle) (Entered: 08/07/2012)	Aug. 7, 2012	Aug. 7, 2012
47	NOTICE by Eternal Word Television Network Inc of Supplemental Authority (Attachments: # 1 Exhibit A)(Duncan, Kyle) (Entered: 08/07/2012)	Aug. 7, 2012	Aug. 7, 2012
48	RESPONSE to re 47 Plaintiff's Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 08/09/2012)	Aug. 9, 2012	Aug. 9, 2012
49	MOTION to Withdraw as Attorney by State of Alabama, Luther Strange. (Payne, Joshua) (Entered: 08/13/2012)	Aug. 13, 2012	Aug. 13, 2012
50	REPLY to Response to Motion re 38 MOTION to Stay Discovery filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 08/15/2012)	Aug. 15, 2012	Aug. 15, 2012
51	NOTICE by Eternal Word Television Network Inc of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Duncan, Kyle) (Entered: 08/24/2012)	Aug. 24, 2012	Aug. 24, 2012
52	NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 29 MOTION to Dismiss for Lack of Jurisdiction of Supplemental Authority (Attachments: # 1 Exhibit)(Pruski, Jacek) (Entered: 08/28/2012)	Aug. 28, 2012	Aug. 28, 2012
53	RESPONSE to re 51 Plaintiff's Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 08/28/2012)	Aug. 28, 2012	Aug. 28, 2012
79	MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 3/25/2013. (KAM, )	March 25, 2013	March 25, 2013 RECAP

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Case Details

State / Territory:

Alabama

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 9, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Eternal Word Television Network (EWTN) is a Catholic media network based in Irondale, Alabama. Plaintiff opposes providing coverage for contraception due to its religious beliefs.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Dept. of Health and Human Services (Washington), Federal

U.S. Dept. of Labor (Washington), Federal

U.S. Dept. of the Treasury (Washington), Federal

Defendant Type(s):

Hospital/Health Department