Case: Wheaton College v. Sebelius

1:13-cv-08910 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 13, 2013

Closed Date: April 3, 2019

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Case Summary

On December 13, 2013, Wheaton College, a Christian school, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The college sued the Department of Health and Human Services under the Religious Freedom Restoration Act and the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.). The college, represented by the Becket Fund for Religious Liberty, asked the court for declaratory and injunctive relief, claiming that the Final Mandate of the Affordable Care Act, which requires the college to offer health insurance plans that provide free coverage of contraceptives that the college views as abortifacients, violates the RFRA; the APA; the Free Exercise, Free Speech, and Establishment Clauses of the 1st Amendment; and the Due Process and Equal Protection Clauses of the 5th Amendment. The college had previously filed this suit in the District of the District of Columbia, where it was dismissed as moot by the D.C. Circuit Court of Appeals on August 13, 2013 Wheaton College v. Sebelius.

Specifically, Wheaton claimed that its identity as a Christian liberal arts college forbids it from providing access to abortion, including what it views as abortifacient drugs or devices. The college claimed that these religious beliefs preclude it from participating in the ACA's regulatory scheme to provide and subsidize these drugs and devices. Nor can the college participate in the accommodation offered by the government, which would still require it to designate an agent to pay for the objected-to services on Wheaton's behalf, as well as to take steps to trigger the coverage; the accommodation itself violates the school's religious beliefs, Wheaton argued.

The Final Mandate was set to go into effect on July 1, 2014.

On June 23, 2014, the district court (Judge Robert M. Dow, Jr.) denied Wheaton's motion for a preliminary injunction of the Final Mandate. 50 F.Supp.3d 939. The court held that Wheaton had no likelihood of success in establishing a substantial burden on its religious exercise, given the accommodation that the government offered it.

On June 30, 2014, the day before the regulations took effect, Wheaton filed an emergency motion for reconsideration, which the court denied based in part on the Hobby Lobby decision handed down by the Supreme Court that same day. Nothing in that decision, the court said, overruled controlling 7th Circuit precedent regarding the sufficiency of the government's accommodation. 2014 WL 3034010.

That same day, the U.S. Court of Appeals for the 7th Circuit (Judge Richard Posner) also denied Wheaton's emergency motion for an injunction pending appeal, stating that Hobby Lobby emphasized that the accommodation provision "constitutes an alternative that achieves all of the Government's aims while providing greater respect for religious liberty." 791 F.3d 792.

However, the Supreme Court granted a temporary injunction on June 30, 2014, over the dissents of Justices Breyer and Sotomayor. 573 U.S. 943. On July 3, 2014, the Supreme Court ordered that the injunction remain, pending appeal, so long as Wheaton informed the Secretary of HHS of its religious objections in writing. In other words, the college did not have to follow the accommodation's procedures. Justices Sotomayor, Ginsburg, and Kagan dissented. 573 U.S. 958.

On July 1, 2015, the Seventh Circuit affirmed the District Court’s denial of Wheaton’s request for a preliminary injunction. On December 2, 2015, the District Court issued a minute entry granting the parties’ joint motion to stay the case until the ruling in Little Sisters of the Poor v. Burwell, consolidated as Zubik v. Burwell, so that the parties could evaluate the case following that ruling. On May 16, 2016, the Supreme 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.'" 136 S.Ct 1557. The Court took no position on the merits of this case.

This case them resumed activity as the parties entered into settlement discussions, which continued through 2017. On January 18, 2018, following the election of Donald Trump and a drastic shift in administration, Wheaton moved for permanent injunction, stating that because the government had "now admitted that this mandate violates the Religious Freedom Restoration Act (“RFRA”),"and that the court should issue an injunction and end the litigation. The court granted the motion and issued a permanent injunction on February 22, 2018.

On September 7, 2018, Wheaton filed a motion for attorney's fees in which they requested $1,178,135.30. On December 20, 2018, Wheaton withdrew its motion without explanation. There has been no substantive docket activity since and the case is presumed closed.


1:13-cv-08910	Docket [PACER] Wheaton College v. Burwell	April 3, 2019	April 3, 2019 Docket
1 1:13-cv-08910	Complaint	Dec. 13, 2013	Dec. 13, 2013 Complaint
62 1:13-cv-08910	Order and Opinion denying motion for prelim. injunction Wheaton College v. Burwell	June 23, 2014	June 23, 2014 Order/Opinion
6586715 14-02396	Order Wheaton College v. Burwell U.S. Court of Appeals for the Seventh Circuit	June 30, 2014	June 30, 2014 Order/Opinion 2014 WL 3034614
72 1:13-cv-08910	Order denying plaintiff's emergency motion for reconsideration Wheaton College v. Burwell	June 30, 2014	June 30, 2014 Order/Opinion 2014 WL 3034010
13-01284	Order [Sp. Ct. granting temporary injunction pending respondent's response] Wheaton College v. Burwell Supreme Court of the United States	June 30, 2014	June 30, 2014 Order/Opinion 134 S.Ct. 2898
1:13-cv-08910 13-01284	Order in Pending Case [Sp. Ct. granting injunction pending appeal] Wheaton v. Sebelius Supreme Court of the United States	July 3, 2014	July 3, 2014 Order/Opinion 134 S.Ct. 2806
86 14-02396	Opinion Wheaton College v. Burwell U.S. Court of Appeals for the Seventh Circuit	July 1, 2015	July 1, 2015 Order/Opinion 791 F.3d 792
119 1:13-cv-08910	Order Granting Permanent Injunction and Declaratory Relief Wheaton College v. Burwell	Feb. 22, 2018	Feb. 22, 2018 Order/Opinion

ECF Number	Date	Description	Link
1	Dec. 13, 2013	COMPLAINT filed by Wheaton College; Jury Demand. Filing fee $ 400, receipt number 0752-9023683. (Attachments: # 1 Exhibit s A through J)(Poland, Christian) (Entered: 12/13/2013) 1 Exhibit s A through J View on PACER	RECAP
2	Dec. 13, 2013	CIVIL Cover Sheet (Poland, Christian) (Entered: 12/13/2013)	RECAP
3	Dec. 13, 2013	ATTORNEY Appearance for Plaintiff Wheaton College by Christian Mark Poland (Poland, Christian) (Entered: 12/13/2013)	RECAP
4	Dec. 13, 2013	NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wheaton College (Poland, Christian) (Entered: 12/13/2013)	RECAP
5	Dec. 13, 2013	Notice of Claims of Unconstitutionality by Wheaton College (Poland, Christian) (Entered: 12/13/2013)	RECAP
	Dec. 13, 2013	CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (nsf, )
	Dec. 17, 2013	SUMMONS Issued as to Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury,, and U.S. Attorney General (pg, )
6	Jan. 22, 2014	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9124370. (Keim, Adele) (Entered: 01/22/2014)	RECAP
7	Jan. 22, 2014	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9125497. (Rienzi, Mark) (Entered: 01/22/2014)	RECAP
8	Jan. 22, 2014	ORDER: MOTION of Attorney Adele Auxier Keim for leave to appear pro hac vice 6 on behalf of plaintiff, Wheaton College, is granted. Signed by the Honorable Robert M. Dow, Jr on 1/22/2014. Mailed notice (ph, ) (Entered: 01/23/2014)	RECAP
9	Jan. 23, 2014	SUMMONS Returned Executed by Wheaton College as to United States Department of Health and Human Services served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)	RECAP
10	Jan. 23, 2014	SUMMONS Returned Executed by Wheaton College as to United States Department of Labor served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)	RECAP
11	Jan. 23, 2014	SUMMONS Returned Executed by Wheaton College as to Jacob J. Lew, Sec of US Dept of Treasury served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)	RECAP
12	Jan. 23, 2014	SUMMONS Returned Executed by Wheaton College as to Thomas E Perez served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)	RECAP
13	Jan. 23, 2014	SUMMONS Returned Executed by Wheaton College as to Kathleen Sebelius, Sec of US Dept of Health & Human Servs. served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)	RECAP
14	Jan. 23, 2014	SUMMONS Returned Executed by Wheaton College as to United States Department of Treasury served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)	RECAP
15	Jan. 23, 2014	SUMMONS Returned Executed by Wheaton College as to All Defendants (Keim, Adele) (Entered: 01/23/2014)	RECAP
16	Jan. 23, 2014	SUMMONS Returned Executed by Wheaton College as to All Defendants (Keim, Adele) (Entered: 01/23/2014)	RECAP
17	Jan. 24, 2014	ORDER: MOTION of attorney Mark Rienzi for Leave to Appear Pro Hac Vice 7 on behalf of Plaintiff Wheaton College is granted. Signed by the Honorable Robert M. Dow, Jr on 1/24/2014. Mailed notice (ao,) (Entered: 01/27/2014)	RECAP
18	Feb. 19, 2014	ATTORNEY Appearance for Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury by Julie Shana Saltman (Saltman, Julie) (Entered: 02/19/2014)	RECAP
19	Feb. 19, 2014	MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury for extension of time to file answer regarding complaint 1 (Unopposed) (Attachments: # 1 Text of Proposed Order)(Saltman, Julie) (Entered: 02/19/2014) 1 Text of Proposed Order View on PACER	RECAP
20	Feb. 19, 2014	NOTICE of Motion by Julie Shana Saltman for presentment of motion for extension of time to file answer, motion for relief,, 19 before Honorable Robert M. Dow Jr. on 2/25/2014 at 09:15 AM. (Saltman, Julie) (Entered: 02/19/2014)	RECAP
21	Feb. 24, 2014	MINUTE entry before the Honorable Robert M. Dow, Jr: Initial Status hearing set for 4/8/2014 at 09:00 AM. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report at least two days prior to set status. (See Judges web page for status report). Mailed notice (tbk, ) (Entered: 02/24/2014)	RECAP
22	Feb. 24, 2014	MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury for extension of time 19 to file respond to the complaint is granted to and including 4/1/2014. Notice of Motion date of 2/25/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 02/24/2014)	RECAP
23	April 1, 2014	NOTICE by All Defendants of Filing of Administrative Record (Saltman, Julie) (Entered: 04/01/2014)	RECAP
24	April 1, 2014	MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury for leave to file excess pages Unopposed (Saltman, Julie) (Entered: 04/01/2014)	RECAP
25	April 1, 2014	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, United States Department of Health and Human Services, United States Department of Treasury, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Labor to dismiss for lack of jurisdiction Count XIV, MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, United States Department of Health and Human Services, United States Department of Treasury, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Labor for summary judgment in the alternative (Saltman, Julie) (Entered: 04/01/2014)	RECAP
26	April 1, 2014	MEMORANDUM by Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury in support of Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,,, motion for summary judgment,, 25 (Attachments: # 1 Attachment 1, # 2 Attachment 2)(Saltman, Julie) (Entered: 04/01/2014) 1 Attachment 1 View on PACER 2 Attachment 2 View on PACER	RECAP
27	April 1, 2014	NOTICE of Motion by Julie Shana Saltman for presentment of Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,,, motion for summary judgment,, 25, motion for leave to file excess pages, 24 before Honorable Robert M. Dow Jr. on 4/8/2014 at 09:15 AM. (Saltman, Julie) (Entered: 04/01/2014)	RECAP
28	April 2, 2014	ATTORNEY Appearance for Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Illinios by Lorie Chaiten (Chaiten, Lorie) (Entered: 04/02/2014)	RECAP
29	April 2, 2014	ATTORNEY Appearance for Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Illinios by Richard Muniz (Muniz, Richard) (Entered: 04/02/2014)	RECAP
30	April 2, 2014	MOTION by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Illinios for leave to file BRIEF OF AMICI CURIAE (Attachments: # 1 Brief of amici curiae)(Chaiten, Lorie) (Entered: 04/02/2014) 1 Brief of amici curiae View on PACER	RECAP
31	April 2, 2014	NOTICE of Motion by Lorie Chaiten for presentment of motion for leave to file 30 before Honorable Robert M. Dow Jr. on 4/8/2014 at 09:15 AM. (Chaiten, Lorie) (Entered: 04/02/2014)	RECAP
32	April 2, 2014	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9352990. (Amiri, Brigitte) (Entered: 04/02/2014)	RECAP
33	April 2, 2014	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9353033. (Lee, Jennifer) (Entered: 04/02/2014)	RECAP
34	April 2, 2014	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9353098. (Mach, Daniel) (Entered: 04/02/2014)	RECAP
35	April 2, 2014	RULE 56 56.1(a)(3) Statement by Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury regarding Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,,, motion for summary judgment,, 25 (Saltman, Julie) (Entered: 04/02/2014)	RECAP
36	April 4, 2014	ORDER: MOTIONS of Attorneys Brigitte Amiri, Jennifer Lee, and Daniel Mach, for leave to appear pro hac vice 32 33 34, on behalf of defendants American Civil Liberties Union and American Civil Liberties Union of Illinios, is granted. Signed by the Honorable Robert M. Dow, Jr on 4/4/2014. Mailed notice (ph, ) (Entered: 04/04/2014)	RECAP
37	April 4, 2014	STATUS Report by Wheaton College (Rienzi, Mark) (Entered: 04/04/2014)	RECAP
38	April 4, 2014	CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement, # 6 Supplement, # 7 Supplement, # 8 Supplement, # 9 Supplement, # 10 Supplement)(Saltman, Julie) (Entered: 04/04/2014)	RECAP

Case: Wheaton College v. Sebelius

1:13-cv-08910 | U.S. District Court for the Northern District of Illinois

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