Case: Southern Nazarene University v. Sebelius

5:13-cv-01015 | U.S. District Court for the Western District of Oklahoma

Filed Date: Sept. 20, 2013

Closed Date: 2018

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Case Summary

On September 20, 2013, a group of religious-based universities filed this lawsuit in the U.S. District Court of the Western District of Oklahoma. The plaintiffs sued the federal government under the First Amendment, Fifth Amendment Due Process Clause, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act. The plaintiffs, Southern Nazarene University, Oklahoma Wesleyan University, Oklahoma Baptist University, and Mid-America Christian University, alleged that the Affordable Care Act's requirement that employee and student health plans provide coverage of contraception violated their religious foundings. The plaintiffs, represented by Alliance Defending Freedom, asked the court to rule that the ACA's contraception insurance mandate, even with the accommodation for non-profit religious organizations, was unconstitutional. Specifically, the plaintiffs asked for both a preliminary and permanent injunction to prevent the government from enforcing the contraception insurance mandate against them.

On November 27, 2013, the plaintiffs filed a motion for a preliminary injunction. On December 23, 2013, the district court (Judge Stephen P. Friot) granted the plaintiffs' motion for a preliminary injunction. The court concluded that the government had not shown that the plaintiffs' objection to certain methods of contraception, including Plan B, frustrated the overall goal of ACA contraception coverage.

The government appealed this case to the Tenth Circuit on February 11, 2014. On July 14, 2015, the Tenth Circuit (Judge Scott Matheson, Jr.) denied the plaintiffs' motion for a preliminary injunction, (794 F.3d 1151) in an opinion that joined this case with Little Sisters of the Poor Home for the Aged v. Sebelius. The same day, the plaintiffs petitioned the Supreme Court for a writ of certiorari. The plaintiffs objected to using the expanded accommodation designed by the court, in which they would not have to notify their insurers directly about their religious opposition to contraception, but would have to communicate that opposition and the name of their insurer to the Department of Health and Human Services. The plaintiffs requested a rehearing en banc, but the Tenth Circuit denied the request in an order on September 3, 2015. (799 F.3d 1315).

On November 6, 2015, the Supreme Court granted certiorari in this case. The Court considered 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 the Religious Freedom Restoration Act, 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 "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.'" 578 U.S. 403. The Court took no position on the merits of this case.

In the 10th Circuit, the plaintiffs moved to voluntarily dismiss the case and the court granted the motion on October 23, 2017. In the District Court, the case proceeded with the parties filing joint status reports as they tried to negotiate a settlement amidst changing regulations. President Trump issued an Executive Order in May 2017 directing the Department of Health and Human Services to address conscience-based objections to the preventive care mandate. The Department of Health and Human Services followed the Executive Order, issuing an exemption to religious organizations like the Little Sisters of the Poor.

On April 16, 2018, the plaintiffs moved for permanent injunction and declaratory relief, arguing that the new regulations proved that forcing religious organizations to provide contraceptive care violates the RFRA. The Court granted the motion on May 15, 2018 and entered judgment for the plaintiffs. The case is now closed.

	Document
5:13-cv-01015	Docket [PACER] Southern Nazarene University v. Azar	June 29, 2018	June 29, 2018 Docket
1 5:13-cv-01015	Complaint	Sept. 20, 2013	Sept. 20, 2013 Complaint
20 5:13-cv-01015	Plaintiffs’ Memorandum of Law in Support of Their Motion for Preliminary Injunction	Nov. 27, 2013	Nov. 27, 2013 Pleading / Motion / Brief
19 5:13-cv-01015	Plaintiffs' Motion for Preliminary Injunction	Nov. 27, 2013	Nov. 27, 2013 Pleading / Motion / Brief
25 5:13-cv-01015	Defendants’ Motion to Dismiss and Defendants’ Memorandum in Opposition to Plaintiffs’ Motion for Preliminary Injunction	Dec. 17, 2013	Dec. 17, 2013 Pleading / Motion / Brief
33 5:13-cv-01015	Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Oklahoma in Opposition to Plaintiffs’ Motion for Preliminary Injunction and in Support of Defendants’ Motion to Dismiss	Dec. 19, 2013	Dec. 19, 2013 Pleading / Motion / Brief
38 5:13-cv-01015	Plaintiffs’ Reply Memorandum of Law in Support of Their Motion for Preliminary Injunction	Dec. 20, 2013	Dec. 20, 2013 Pleading / Motion / Brief
45 5:13-cv-01015	Memorandum Opinion and Order	Dec. 23, 2013	Dec. 23, 2013 Order/Opinion 2013 WL 6804265
53 5:13-cv-01015	Defendants' Unopposed Motion for Stay of Proceedings	Jan. 16, 2014	Jan. 16, 2014 Pleading / Motion / Brief
54 5:13-cv-01015	Order Granting Defendants’ Unopposed Motion for Stay of Proceedings	Jan. 17, 2014	Jan. 17, 2014 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury filed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. (Attachments: # 1 Civil Cover Sheet)(kr) (Entered: 09/20/2013) 1 Civil Cover Sheet View on PACER	Sept. 20, 2013	Sept. 20, 2013 RECAP
2	Summons Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (kr) (Entered: 09/20/2013)	Sept. 20, 2013	Sept. 20, 2013 PACER
3	Receipt for Money Received from Mid-America Christian University, Oklahoma Baptist University, Oklahoma Wesleyan University, Southern Nazarene University in the amount of $400.00, receipt number OKW500035172 regarding 1 Complaint, (kr) (Entered: 09/23/2013)	Sept. 23, 2013	Sept. 23, 2013 PACER
4	ENTRY of Appearance by John P Jordan on behalf of All Plaintiffs (Jordan, John) (Entered: 09/23/2013)	Sept. 23, 2013	Sept. 23, 2013 PACER
5	DISCLOSURE STATEMENT - CORPORATE by All Plaintiffs . (Jordan, John) (Entered: 09/23/2013)	Sept. 23, 2013	Sept. 23, 2013 PACER
6	MOTION for Leave to Appear Pro Hac Vice Gregory S. Baylor by All Plaintiffs. (Jordan, John) (Entered: 09/23/2013)	Sept. 23, 2013	Sept. 23, 2013 PACER
7	MOTION for Leave to Appear Pro Hac Vice Request by Gregory S. Baylor by All Plaintiffs. (Jordan, John) (Entered: 09/23/2013)	Sept. 23, 2013	Sept. 23, 2013 PACER
8	Receipt for Money Received from Mid-America Christian University, Oklahoma Baptist University, Oklahoma Wesleyan University, Southern Nazarene University in the amount of $50.00, receipt number OKW500035207 regarding 6 MOTION for Leave to Appear Pro Hac Vice Gregory S. Baylor (kr) (Entered: 09/24/2013)	Sept. 24, 2013	Sept. 24, 2013 PACER
9	ORDER granting 6 Motion for Admission Pro Hac Vice of Gregory S. Baylor; granting 7 Request for Admission Pro Hac Vice of Gregory S. Baylor. Gregory S. Baylor is admitted pro hac vice to this ct in this case on behalf of plfs, provided that he submits an ECF registration form & files an entry of appearance, consistent w/LCvR83.4. Signed by Honorable Stephen P. Friot on 9/24/13. (llg) (Entered: 09/24/2013)	Sept. 24, 2013	Sept. 24, 2013 PACER
10	ENTRY of Appearance by Gregory S Baylor on behalf of All Plaintiffs (Baylor, Gregory) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
11	SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. Kathleen Sebelius served on 9/30/2013. (Baylor, Gregory) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
12	SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. Thomas E Perez served on 9/30/2013. (Baylor, Gregory) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
13	SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. Jacob J Lew served on 10/2/2013. (Baylor, Gregory) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
14	SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. United States Department of Health and Human Services served on 9/30/2013. (Baylor, Gregory) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
15	SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. United States Department of Labor served on 9/30/2013. (Baylor, Gregory) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
16	SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. United States Department of the Treasury served on 10/2/2013. (Baylor, Gregory) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
17	SUMMONS RETURNED EXECUTED by All Plaintiffs. All Defendants. (Baylor, Gregory) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
18	SUMMONS RETURNED EXECUTED by All Plaintiffs. All Defendants. (Baylor, Gregory) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
19	MOTION for Preliminary Injunction by All Plaintiffs. (Baylor, Gregory) (Entered: 11/27/2013)	Nov. 27, 2013	Nov. 27, 2013 PACER
20	MEMORANDUM in Support re 19 MOTION for Preliminary Injunction filed by All Plaintiffs. (Baylor, Gregory) (Entered: 11/27/2013)	Nov. 27, 2013	Nov. 27, 2013 PACER
21	UNOPPOSED MOTION for Leave to File Excess Pages by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Proposed Order)(Pollack, Michael) (Entered: 12/12/2013) 1 Proposed Order View on PACER	Dec. 12, 2013	Dec. 12, 2013 PACER
	NOTICE from the Court re 21 Defendants' UNOPPOSED MOTION for Leave to File Overlength Brief. Counsel for defendants is DIRECTED to forthwith file an entry of appearance on behalf of the defendants in this case. (llg)	Dec. 13, 2013	Dec. 13, 2013 PACER
22	ORDER granting 21 Defendants' Unopposed Motion for Leave to File Overlength Brief. Dfts may file a 50-pg brief, excluding the cover pg, table of contents, table of authorities, signature block & certificate of service. Signed by Honorable Stephen P. Friot on 12/13/13. (llg) (Entered: 12/13/2013)	Dec. 13, 2013	Dec. 13, 2013 PACER
23	ENTRY of Appearance by Michael C Pollack on behalf of Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Pollack, Michael) (Entered: 12/13/2013)	Dec. 13, 2013	Dec. 13, 2013 PACER
24	NOTICE (other) by All Defendants of Filing of Certified Administrative Record (Attachments: # 1 Index, # 2 Certification)(Pollack, Michael) (Entered: 12/17/2013) 1 Index View on PACER 2 Certification View on PACER	Dec. 17, 2013	Dec. 17, 2013 PACER
25	RESPONSE in Opposition re 19 MOTION for Preliminary Injunction filed by All Defendants. (Pollack, Michael) (Entered: 12/17/2013)	Dec. 17, 2013	Dec. 17, 2013 PACER
26	MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, MOTION for Summary Judgment, and Memorandum in Support by All Defendants. (Pollack, Michael) Modified on 8/15/2014 (llg). (Entered: 12/17/2013)	Dec. 17, 2013	Dec. 17, 2013 PACER
27	ORDER Setting Hearing on 19 Plaintiffs' MOTION for Preliminary Injunction: Motion Hearing set for 12/23/2013 09:00 AM in Courtroom 305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 12/18/13. (llg) (Entered: 12/18/2013)	Dec. 18, 2013	Dec. 18, 2013 PACER
	NOTICE from the Court 24 Notice (other). 3 CD's containing the Administrative were received in the court clerk's office and conventionally filed. (kr)	Dec. 18, 2013	Dec. 18, 2013 PACER
35	ADMINISTRATIVE RECORD filed conventionally by Defendants re 24 Notice. (kr) Modified on 12/20/2013 (kr, ). (Entered: 12/20/2013)	Dec. 18, 2013	Dec. 18, 2013 PACER
28	ENTRY of Appearance by Brady R Henderson on behalf of American Civil Liberties Union (Henderson, Brady) (Entered: 12/19/2013)	Dec. 19, 2013	Dec. 19, 2013 PACER
29	MOTION for Leave to Appear Pro Hac Vice of Brigitte Amiri by American Civil Liberties Union. (Attachments: # 1 Attachment Pro Hac Vice Request Form)(Henderson, Brady) (Entered: 12/19/2013) 1 Attachment Pro Hac Vice Request Form View on PACER	Dec. 19, 2013	Dec. 19, 2013 PACER
30	MOTION for Leave to Appear Pro Hac Vice of Daniel Mach by American Civil Liberties Union. (Attachments: # 1 Attachment Pro Hac Vice Request Form)(Henderson, Brady) (Entered: 12/19/2013) 1 Attachment Pro Hac Vice Request Form View on PACER	Dec. 19, 2013	Dec. 19, 2013 PACER
31	MOTION for Leave to Appear Pro Hac Vice of Jennifer Lee by American Civil Liberties Union. (Attachments: # 1 Attachment Pro Hac Vice Request Form)(Henderson, Brady) (Entered: 12/19/2013) 1 Attachment Pro Hac Vice Request Form View on PACER	Dec. 19, 2013	Dec. 19, 2013 PACER
32	MOTION to File Amicus Brief by American Civil Liberties Union. (Henderson, Brady) (Entered: 12/19/2013)	Dec. 19, 2013	Dec. 19, 2013 PACER
33	BRIEF IN SUPPORT of Defendants' Motion to Dismiss, or in the alternative, for summary judgement, and in opposition to Plaintiff's Motion for Preliminary Injunction, submitted pending leave to enter as Amicus Curiae, by American Civil Liberties Union. (Henderson, Brady) (Entered: 12/19/2013)	Dec. 19, 2013	Dec. 19, 2013 PACER
	NOTICE from the Court re 29 MOTION for Leave to Appear Pro Hac Vice of Brigitte Amiri, 31 MOTION for Leave to Appear Pro Hac Vice of Jennifer Lee, 30 MOTION for Leave to Appear Pro Hac Vice of Daniel Mach. The motions for admission pro hac vice will be granted upon payment of the required pro hac vice fees and upon submission of proposed orders, in compliance with ECF Policies & Procedures Manual, Section II.G. (llg)	Dec. 19, 2013	Dec. 19, 2013 PACER
34	Receipt for Money Received from American Civil Liberties Union in the amount of $150.00, receipt number OKW500037020, OKW500037018 and OKW500037019 regarding 29 MOTION for Leave to Appear Pro Hac Vice of Brigitte Amiri, 31 MOTION for Leave to Appear Pro Hac Vice of Jennifer Lee, 30 MOTION for Leave to Appear Pro Hac Vice of Daniel Mach (kr, ) (Entered: 12/20/2013)	Dec. 19, 2013	Dec. 19, 2013 PACER
36	ENTRY of Appearance by Benjamin L Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 12/20/2013)	Dec. 20, 2013	Dec. 20, 2013 PACER
37	NOTICE (other) by All Defendants Supplemental Authority (Attachments: # 1 Exhibit Priests for Life v. HHS)(Pollack, Michael) (Entered: 12/20/2013) 1 Exhibit Priests for Life v. HHS View on PACER	Dec. 20, 2013	Dec. 20, 2013 PACER

Case: Southern Nazarene University v. Sebelius

5:13-cv-01015 | U.S. District Court for the Western District of Oklahoma

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