Case: Liberty University, Inc. v. Geithner

6:10-cv-00015 | U.S. District Court for the Western District of Virginia

Filed Date: March 23, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On March 23, 2010, a private Christian university and individual citizens filed a lawsuit in the U.S. District Court for the Western District of Virginia under the Religious Freedom Restoration Act ("RFRA") and the First, Fifth, and Tenth Amendments against the U.S. Departments of Health and Human Services, Labor, Justice, and the Treasury. The plaintiffs, represented by private counsel, asked the court for both declaratory and injunctive relief, alleging that the 2010 Patient Protection and A…

On March 23, 2010, a private Christian university and individual citizens filed a lawsuit in the U.S. District Court for the Western District of Virginia under the Religious Freedom Restoration Act ("RFRA") and the First, Fifth, and Tenth Amendments against the U.S. Departments of Health and Human Services, Labor, Justice, and the Treasury. The plaintiffs, represented by private counsel, asked the court for both declaratory and injunctive relief, alleging that the 2010 Patient Protection and Affordable Care Act ("ACA") violated their constitutional freedoms by requiring them to provide or purchase health insurance coverage. Claiming that providing or purchasing health insurance would contravene their Christian faith, violate their freedom of association, and compel speech contrary to their beliefs, the plaintiffs sought an exemption from the ACA for themselves and other institutions and individuals with similar religious objections.

On August 13, 2010, the defendant federal departments moved to dismiss the case for lack of subject-matter jurisdiction and for failure to state a claim upon which relief could be granted. First, the defendants argued that the Anti-Injunction Act barred a pre-enforcement challenge to the ACA because the law's key provisions would not take effect until 2014. Second, the defendants asserted that the ACA's provisions were authorized by Congress's enumerated powers. Third, the defendants argued that the ACA did not violate the plaintiffs' freedoms of speech, association, or religion.

On November 30, 2010, the District Court (Judge Norman K. Moon) granted the defendants' motion to dismiss. Judge Moon found that, while the plaintiffs had standing to sue and were not barred by the Anti-Injunction Act, the ACA was authorized by Congress's enumerated powers and did not violate the plaintiffs' constitutional freedoms. Liberty University v. Geithner, 753 F. Supp. 2d 611 (W.D. Va. 2010).

The plaintiffs appealed this dismissal to the Fourth Circuit Court of Appeals (Appeal No. 10-2347). On September 8, 2011, the Fourth Circuit panel (Judge Motz, with Judge Wynn concurring) vacated the original dismissal and sent the case back to the District Court for dismissal on different grounds: the panel reasoned that the Anti-Injunction Act prevented the court from having jurisdiction over a pre-enforcement challenge to the ACA. Judge Davis dissented, arguing that, while the Anti-Injunction Act did not bar the plaintiffs' claims, the ACA was valid legislation under Congress's commerce authority and thus that the District Court's dismissal for failure to state a claim was proper. 671 F.3d 391 (4th Cir. 2011).

The plaintiffs filed a petition for certiorari on October 12, 2011 (S.Ct. Case No. 11-438). On June 29, 2012, one day after deciding similar questions in NFIB v. Sebelius, the Supreme Court denied the cert petition. Liberty University v. Geithner, 133 S. Ct. 60 (2012). The plaintiffs petitioned for rehearing, arguing that the Supreme Court's decision in NFIB invalidated the Fourth Circuit's finding that the Anti-Injunction Act barred their claims. In a single order on November 26, 2012, the Supreme Court granted the petition for rehearing, granted the cert petition, and entered a judgment vacating the Fourth Circuit's judgment and sending the case back to the Fourth Circuit for further consideration in light of NFIB. Liberty University v. Geithner, 133 S. Ct. 679 (2012).

Fourth Circuit Judges Motz, Davis, and Wynn heard a second round of arguments in the case on May 16, 2013. On July 11, 2013, the Fourth Circuit (Judges Motz, Davis, and Wynn) affirmed the judgment of the District Court, holding that the ACA was a valid exercise of Congress's commerce authority and dismissing the case for failure to state a claim. Liberty University v. Lew, 733 F.3d. 72 (4th Cir.). The Fourth Circuit further found the plaintiffs' speech, association, and religious freedom claims meritless.

On September 10, 2013, the plaintiff filed a writ of certiorari with the Supreme Court. On December 2, 2013, the Supreme Court denied the petition.

Summary Authors

Hannah Swanson (8/1/2013)

Mallory Jones (4/4/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4922067/parties/liberty-university-inc-v-geithner/


Judge(s)

Moon, Norman K. (Virginia)

Motz, Diana Jane Gribbon (Maryland)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

McAlister, Mary Elizabeth (Virginia)

McRorie, William Edward (Virginia)

Nikas, Nikolas T. (Arizona)

Staver, Anita L (Florida)

Attorneys(s) for Defendant

Davis, Ethan P. (District of Columbia)

McElvain, Joel (District of Columbia)

Judge(s)

Moon, Norman K. (Virginia)

Motz, Diana Jane Gribbon (Maryland)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

McAlister, Mary Elizabeth (Virginia)

McRorie, William Edward (Virginia)

Nikas, Nikolas T. (Arizona)

Staver, Anita L (Florida)

Attorneys(s) for Defendant

Davis, Ethan P. (District of Columbia)

McElvain, Joel (District of Columbia)

Documents in the Clearinghouse

Document

6:10-cv-00015

Docket [PACER]

Sept. 3, 2013

Sept. 3, 2013

Docket
1

6:10-cv-00015

Complaint

March 23, 2010

March 23, 2010

Pleading / Motion / Brief
24

6:10-cv-00015

Second Amended Complaint

July 30, 2010

July 30, 2010

Complaint
45

6:10-cv-00015

Memorandum Opinion

Liberty University v. Geithner

753 F.Supp.2d 611

Nov. 30, 2010

Nov. 30, 2010

Order/Opinion
103

6:10-cv-00015

0:10-02347

Opinion

Liberty University v. Geithner

U. S. Court of Appeals for the Fourth Circuit

671 F.3d 391

Sept. 8, 2011

Sept. 8, 2011

Order/Opinion
54

6:10-cv-00015

Order

Liberty University v. Geithner

Nov. 7, 2011

Nov. 7, 2011

Order/Opinion

6:10-cv-00015

Letter [Petition for a writ certiorari is denied]

Liberty University v. Geithner

Supreme Court of the United States

133 S.Ct. 60

June 29, 2012

June 29, 2012

Notice Letter
55

6:10-cv-00015

0:10-02347

Order

Liberty University v. Geithner

U. S. Court of Appeals for the Fourth Circuit

Aug. 13, 2012

Aug. 13, 2012

Order/Opinion

0:10-02347

0:11-00438

Letter [Petition for writ of certiorari granted]

Liberty University v. Geithner

Supreme Court of the United States

133 S.Ct. 679

Nov. 26, 2012

Nov. 26, 2012

Notice Letter
56

6:10-cv-00015

0:10-02347

Opinion

Liberty University v. Geithner

U. S. Court of Appeals for the Fourth Circuit

733 F.3d 72, 2013 WL 3470532

July 11, 2013

July 11, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4922067/liberty-university-inc-v-geithner/

Last updated Aug. 2, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, Eric Holder (Filing fee $ 350.oo Receipt #04230000000001082959), filed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander. 100 Day Notice due by 7/2/2010 120 Day Service due by 7/22/2010 (Attachments: # 1 Civil Cover Sheet)(jcf) (Entered: 03/24/2010)

March 23, 2010

March 23, 2010

2

MOTION to Appear Pro Hac Vice as to Mathew D. Staver by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander. (Attachments: # 1 Text of Proposed Order)(jcf) (Entered: 03/24/2010)

March 23, 2010

March 23, 2010

3

MOTION to Appear Pro Hac Vice as to Anita L. Staver by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, David Stein, Pausanias Alexander. (Attachments: # 1 Text of Proposed Order)(jcf) (Entered: 03/24/2010)

March 23, 2010

March 23, 2010

5

ORDER granting 3 MOTION for Anita L. Staver to Appear Pro Hac Vice. Signed by Judge Norman K. Moon on March 24, 2010. (jcf)

March 24, 2010

March 24, 2010

6

Negative Corporate Disclosure Statement by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander. (McAlister, Mary)

March 26, 2010

March 26, 2010

7

AMENDED COMPLAINT FIRST against Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, Eric Holder, filed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander.(McAlister, Mary)

April 14, 2010

April 14, 2010

8

Proposed Summons by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander as toTimothy Geithner.(McAlister, Mary)

April 14, 2010

April 14, 2010

9

Proposed Summons by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander as toKathleen Sebelius.(McAlister, Mary)

April 14, 2010

April 14, 2010

10

Proposed Summons by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander as toHilda L. Solis.(McAlister, Mary)

April 14, 2010

April 14, 2010

11

Proposed Summons by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander as toEric Holder.(McAlister, Mary)

April 14, 2010

April 14, 2010

12

Summons Issued as to Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, Eric Holder. (Amended Complaint)(jcf)

April 15, 2010

April 15, 2010

13

AFFIDAVIT of Service for Summons in Civil Action 6:10−cv−00015−nkm served on Timothy Geithner on April 15, 2010, filed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander., SUMMONS Returned Executed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander. Timothy Geithner served on 4/15/2010, answer due 6/14/2010.(McAlister, Mary)

April 22, 2010

April 22, 2010

14

AFFIDAVIT of Service for Summons Civil Action 6:10−cv−00015−nkm served on Kathleen Sebellius on 04/15/2010, filed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein., SUMMONS Returned Executed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein. Kathleen Sebelius served on 4/15/2010, answer due 6/14/2010.(McAlister, Mary)

April 22, 2010

April 22, 2010

15

AFFIDAVIT of Service for Summons Civil Action 6:10−cv−00015−nkm served on Hilda L. Solis on 04/15/2010, filed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander., SUMMONS Returned Executed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander. Hilda L. Solis served on 4/15/2010, answer due 6/14/2010.(McAlister, Mary)

April 22, 2010

April 22, 2010

16

AFFIDAVIT of Service for Summons Civil Action 6:10−cv−00015−nkm served on Eric Holder on 04/15/2010, filed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander., SUMMONS Returned Executed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander. Eric Holder served on 4/15/2010, answer due 6/14/2010.(McAlister, Mary)

April 22, 2010

April 22, 2010

17

100 Day Notice Letter. (jcf)

July 2, 2010

July 2, 2010

19

AFFIDAVIT of Service for First Amended Complaint dated April 14, 2010 served on Defendants Geithner, Sebelius, Solis, and Holder on May 26, 2010, filed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander., ACKNOWLEDGEMENT OF SERVICE Executed May 26, 2010 Acknowledgement filed by Mary T. Bendorf, Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Martha A. Neal, Michele G. Waddell, David Stein, Pausanias Alexander.(McAlister, Mary)

July 9, 2010

July 9, 2010

20

MOTION for Extension of Time to File Response/Reply as to 7 Amended Complaint, by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, Eric Holder. (Attachments: # 1 Text of Proposed Order)(Davis, Ethan)

July 19, 2010

July 19, 2010

21

ORDER granting 20 Motion for Extension of Time to File Response/Reply. Responses due by 8/9/2010. Signed by Judge Norman K. Moon on July 20, 2010. (jcf)

July 20, 2010

July 20, 2010

22

Consent MOTION for Leave to File Second Amended Complaint by Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Michele G. Waddell, David Stein. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to File Second Amended Complaint)(McAlister, Mary)

July 30, 2010

July 30, 2010

23

ORDER granting 22 Motion for Leave to File Second Amended Complaint. Signed by Judge Norman K. Moon on July 30, 2010. (sfc)

July 30, 2010

July 30, 2010

24

AMENDED COMPLAINT SECOND against all defendants, filed by Joanne V. Merrill, Kathy Byron, Jeff Helgeson, Liberty University, Inc., Michele G. Waddell, David Stein.(McAlister, Mary)

July 30, 2010

July 30, 2010

25

MOTION to Dismiss by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, Eric Holder. (Davis, Ethan)

Aug. 13, 2010

Aug. 13, 2010

26

Brief / Memorandum in Support re 25 MOTION to Dismiss. filed by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, Eric Holder. (Davis, Ethan)

Aug. 13, 2010

Aug. 13, 2010

27

CERTIFICATE OF SERVICE by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, Eric Holder re 26 Brief / Memorandum in Support (Davis, Ethan)

Aug. 16, 2010

Aug. 16, 2010

28

Magistrate's Notice to counsel. (jcf)

Aug. 17, 2010

Aug. 17, 2010

29

PRETRIAL ORDER; ORDER REFERRING CASE to Magistrate Judge Michael F. UrbanskiMotions referred to Michael F. Urbanski. Signed by Judge Norman K. Moon on August 18, 2010. (jcf)

Aug. 18, 2010

Aug. 18, 2010

30

NOTICE by Kathy Byron, Jeff Helgeson, Liberty University, Inc., Joanne V. Merrill, David Stein, Michele G. Waddell OF AGREED SCHEDULING ORDER (McAlister, Mary)

Aug. 30, 2010

Aug. 30, 2010

31

AGREED SCHEDULING ORDER. Signed by Judge Norman K. Moon on August 31, 2010. (sfc)

Aug. 31, 2010

Aug. 31, 2010

32

Brief / Memorandum in Opposition re 25 MOTION to Dismiss. filed by Kathy Byron, Jeff Helgeson, Liberty University, Inc., Joanne V. Merrill, David Stein, Michele G. Waddell. (McAlister, Mary)

Sept. 3, 2010

Sept. 3, 2010

33

Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss by Timothy Geithner, Eric Holder, Kathleen Sebelius, Hilda L. Solis.Motions referred to Michael F. Urbanski. (Attachments: # 1 Text of Proposed Order)(Davis, Ethan)

Sept. 7, 2010

Sept. 7, 2010

34

ORDER granting 33 Motion for Extension of Time to File Reply re 25 MOTION to Dismiss. Reply due by 9/22/2010. Signed by Magistrate Judge Michael F. Urbanski on September 7, 2010. (sfc)

Sept. 8, 2010

Sept. 8, 2010

35

NOTICE of Hearing on Motion 25 MOTION to Dismiss : Motion Hearing set for 10/22/2010 10:00 AM in Lynchburg before Judge Norman K. Moon. (hnw)

Sept. 21, 2010

Sept. 21, 2010

37

ORDER regarding oral argument scheduled for 10/22/2010 as to MOTION to Dismiss 25 . Signed by Judge Norman K. Moon on October 18, 2010. (sfc)

Oct. 18, 2010

Oct. 18, 2010

38

NOTICE of Appearance by Joel L. McElvain on behalf of Timothy Geithner, Eric Holder, Kathleen Sebelius, Hilda L. Solis (McElvain, Joel)

Oct. 19, 2010

Oct. 19, 2010

39

NOTICE by Timothy Geithner, Eric Holder, Kathleen Sebelius, Hilda L. Solis re 25 MOTION to Dismiss Notice of Supplemental Authority (Attachments: # 1 Exhibit Exhibit A: Thomas More Law Center v Obama, # 2 Exhibit Exhibit B: State of Florida v HHS)(McElvain, Joel)

Oct. 19, 2010

Oct. 19, 2010

40

NOTICE by Timothy Geithner, Eric Holder, Kathleen Sebelius, Hilda L. Solis re 25 MOTION to Dismiss CORRECTED Notice of Supplemental Authority (Attachments: # 1 Exhibit Exhibit A: Thomas More Law Center v Obama, # 2 Exhibit Exhibit B: State of Florida v HHS)(McElvain, Joel)

Oct. 19, 2010

Oct. 19, 2010

41

Minute Entry for proceedings held before Judge Norman K. Moon: Motion Hearing held on 10/22/2010 re 25 MOTION to Dismiss filed by Kathleen Sebelius, Timothy Geithner, Eric Holder, Hilda L. Solis. (Court Reporter Sonia Ferris) (jcf)

Oct. 22, 2010

Oct. 22, 2010

42

TRANSCRIPT REQUEST by Joel McElvain for proceedings held on 10−22−2010 before Judge Norman K. Moon. (Sonia Ferris, OCR) (jfs)

Oct. 27, 2010

Oct. 27, 2010

44

TRANSCRIPT of Proceedings: Motions Hearing held on October 22, 2010 before Judge Norman K. Moon. Court Reporter/Transcriber Sonia Ferris, Telephone number SoniaF@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/24/2010. Redacted Transcript Deadline set for 12/6/2010. Release of Transcript Restriction set for 2/1/2011. (sf)

Nov. 3, 2010

Nov. 3, 2010

46

ORDER granting 25 Motion to Dismiss. The case shall be dismissed from the docket. Signed by Judge Norman K. Moon on November 30, 2010. (sfc)

Nov. 30, 2010

Nov. 30, 2010

47

NOTICE OF APPEAL as to 45 Memorandum Opinion, 46 Order on Motion to Dismiss by Liberty University, Inc., Joanne V. Merrill, Michele G. Waddell. Filing fee $ 455, receipt number 0423−1213479. (McAlister, Mary)

Dec. 1, 2010

Dec. 1, 2010

48

Transmittal of Notice of Appeal to 4CCA re 47 Notice of Appeal NOTE: The Docketing Statement, Transcript Order Form and CJA−24(s) forms (if you are court appointed counsel) are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24(s) are applicable, complete items 1−14, 18 for each court reporter from whom you wish to order a transcript, and file each one separately in this case with the event Appeal Transcript − Proposed CJA 24 . The CJA−24 forms will then be processed by the U.S. District Court Clerk's Office. (sfc)

Dec. 2, 2010

Dec. 2, 2010

49

NOTICE of Docketing Record on Appeal from USCA re 47 Notice of Appeal filed by Joanne V. Merrill, Liberty University, Inc., Michele G. Waddell. USCA Case Number 10−2347, Case Manager Donna Lett. (sfc)

Dec. 3, 2010

Dec. 3, 2010

50

Appeal Remark re 47 Notice of Appeal : USCA Order granting motion to withdraw counsel. (sfc)

Feb. 22, 2011

Feb. 22, 2011

51

USCA Memorandum Opinion from 4th Circuit re 47 Notice of Appeal remanding ( decided on 9/8/2011 ) (sfc)

Sept. 8, 2011

Sept. 8, 2011

52

USCA JUDGMENT as to 47 Notice of Appeal filed by Joanne V. Merrill, Liberty University, Inc., Michele G. Waddell (sfc)

Sept. 8, 2011

Sept. 8, 2011

54

Order Vacating 46 Order on Motion to Dismiss after remand from USCA. Case is dismissed for lack of jurisdiction. Signed by Judge Norman K. Moon on November 7, 2011. (sfc)

Nov. 7, 2011

Nov. 7, 2011

55

Appeal Remark re 47 Notice of Appeal : USCA Order denying motion to stay mandate (sfc)

Aug. 13, 2012

Aug. 13, 2012

56

USCA Memorandum Opinion from 4th Circuit Affirmed by published opinion decided: July 11, 2013(hnw)

July 11, 2013

July 11, 2013

57

USCA JUDGMENT(hnw)

July 11, 2013

July 11, 2013

58

Appeal Remark re 47 Notice of Appeal : STAY OF MANDATE Under Fed.R.App.P.41(d)(1) (hnw)

Aug. 6, 2013

Aug. 6, 2013

59

MANDATE of USCA as to 47 Notice of Appeal filed by Joanne V. Merrill, Liberty University, Inc., Michele G. Waddell (sfc)

Sept. 3, 2013

Sept. 3, 2013

45

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on November 30, 2010. (sfc)

Nov. 30, 2010

Nov. 30, 2010

RECAP

Case Details

State / Territory: Virginia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 23, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are an evangelical Christian liberal arts school and various evangelical Christian individuals who do not wish to comply with the requirements of the Patient Protection and Affordable Care Act of 2010.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Dept. of the Treasury, Federal

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

U.S. Dept. of Labor, Federal

U.S. Dept. of Justice, 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)

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Contraception

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit