Case: March for Life v. Burwell

1:14-cv-01149 | U.S. District Court for the District of Columbia

Filed Date: July 7, 2014

Clearinghouse coding complete

Case Summary

On June 28, 2013, the United States Department of Health and Human Service issued final regulations--"the Mandate"--concerning the Patient Protection and Affordable Care Act. The regulations required health insurance plans to provide coverage of contraception and abortifacients, with an exemption for employee health plans offered by churches and their integrated auxiliaries, as well as an accommodation for employee health plans by certain qualified religious organizations. Plaintiffs in this ca…

On June 28, 2013, the United States Department of Health and Human Service issued final regulations--"the Mandate"--concerning the Patient Protection and Affordable Care Act. The regulations required health insurance plans to provide coverage of contraception and abortifacients, with an exemption for employee health plans offered by churches and their integrated auxiliaries, as well as an accommodation for employee health plans by certain qualified religious organizations.

Plaintiffs in this case were a non-profit, non-religious pro-life organization and its employees who shared the same opposition to abortion and coverage of contraception and abortifacients in the employee health plans. Some of the employees held a religious belief against the use of contraception and abortifacients.

The exemption promulgated by the Health Department did not extend to the plaintiff organization for its non-church, non-religious nature. As a result, the organization was unable to provide non-abortifacient health plans to employees without violating the Mandate. As it was also reluctant to drop all health insurance coverage for its employees, the plaintiffs commenced a lawsuit.

On July 7, 2014, the plaintiffs filed a complaint in the U.S. District Court for the District of Columbia against three government agencies, namely the United States Department of Health and Human Services, the United States Department of Labor, and the United States Department of the Treasury, under the Administrative Procedure Act, 5 U.S.C. §§ 500 et seq., the Declaratory Judgment Act, 28 U.S.C. § 2201, and Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb et seq. The plaintiffs, represented by public interest attorneys from Alliance Defending Freedom, sought declaratory and injunctive relief from the Court. They alleged that the Mandate unconstitutionally discriminated against the organization in light of the exemption and accommodation of certain similarly situated entities, and deprived its religious employees of the ability to choose non-abortifacient health plans. The plaintiffs claimed that the defendants violated the Religious Freedom Restoration Act as well as the Equal Protection and Free Exercise clauses in the Constitution of the United States.

On September 23, 2014, the defendants filed a motion to dismiss for failure to state a claim upon which relief could be granted, or in the alternative, a motion for summary judgment.

On August 31, 2015, Judge Richard J. Leon granted summary judgment for the plaintiffs’ Equal Protection under the Fifth Amendment claim, Religious Freedom Restoration Act claim, and Administrative Procedure Act claim. He dismissed their Free Exercise claim. Judge Leon found that the Mandate violated the plaintiffs’ right to Equal Protection because it permitted accommodation to some groups but not theirs, although they had the same anti-abortionist beliefs. Turning to the plaintiffs' RFRA claim, Judge Leon found that, although the plaintiffs were a non-religious group, they still opposed the Mandate on religious grounds. He found the Mandate placed a substantial burden on the plaintiffs’ ability to exercise their religion and that the government’s interest was not sufficiently compelling and the mandate was not narrowly tailored. Judge Leon also dismissed the plaintiff’s Free Exercise claim because the Mandate was generally neutrally applicable. 128 F.Supp.3d 116.

On October 28, 2015, the defendants appealed to the D.C. Circuit. On February 24, 2016, the case was held in abeyance pending the Supreme Court’s decision in Zubik v. Burwell. On May 16, 2016, the Supreme Court issued a per curiam order remanding Zubik and other consolidated 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, 1560. The Court took no position on the merits of this case.

On June 17, 2016, this case was ordered to remain in abeyance pending the D.C. Court of Appeals decision in Priests for Life v. HHS See Civil Rights Litigation Clearinghouse summary.

Parties filed joint status reports on January 5, 2018, February 5, 2018, and March 7, 2018 stating the case remained in abeyance while the parties discussed the resolution of the appeal. On September 17, 2018, the D.C. Circuit granted the parties motion for voluntary dismissal of the appeal. 2018 WL 4871092.

Summary Authors

Emma Bao (9/30/2014)

Taylor Brook (3/8/2018)

Claire Shimberg (5/7/2020)

Related Cases

Priests for Life v. Sebelius, District of Columbia (2013)

Zubik v. Burwell [II], Western District of Pennsylvania (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4212847/parties/march-for-life-v-price/


Judge(s)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Aden, Steven H. (District of Columbia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Graves, Elissa (Arizona)

Price, Christen M. (District of Columbia)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Klein, Alisa B. (District of Columbia)

Judge(s)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Aden, Steven H. (District of Columbia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Graves, Elissa (Arizona)

Price, Christen M. (District of Columbia)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Klein, Alisa B. (District of Columbia)

Nemeroff, Patrick George (District of Columbia)

Salzman, Joshua Marc (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Langer, Mark J (District of Columbia)

Yacisin, Amy (District of Columbia)

Documents in the Clearinghouse

Document

1:14-cv-01149

Docket [PACER]

Aug. 15, 2017

Aug. 15, 2017

Docket

15-05301

Docket [PACER]

March For Life v. Burwell

U. S. Court of Appeals for the District of Columbia Circuit

Sept. 17, 2018

Sept. 17, 2018

Docket
1

1:14-cv-01149

Verified Complaint

July 8, 2014

July 8, 2014

Complaint
30

1:14-cv-01149

Memorandum Opinion

Aug. 31, 2015

Aug. 31, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4212847/march-for-life-v-price/

Last updated June 7, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Verified against All Defendants ( Filing fee $ 400 receipt number 0090-3771311) filed by BETHANY A. GOODMAN, JEANNE F. MONAHAN, MARCH FOR LIFE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons of Attorney General, # 3 Summons of U.S. Attorney, # 4 Summons of Burwell, # 5 Summons of Lew, # 6 Summons of Perez, # 7 Summons of HHS, # 8 Summons of DOL, # 9 Summons of DOT)(Bowman, Matthew) (Entered: 07/07/2014)

1 Civil Cover Sheet

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2 Summons of Attorney General

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3 Summons of U.S. Attorney

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4 Summons of Burwell

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5 Summons of Lew

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6 Summons of Perez

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7 Summons of HHS

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8 Summons of DOL

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9 Summons of DOT

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July 7, 2014

July 7, 2014

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2

Corporate Disclosure Statement by MARCH FOR LIFE. (Bowman, Matthew) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

PACER

Case Assigned to Judge Richard J. Leon. (kb)

July 7, 2014

July 7, 2014

PACER
3

SUMMONS Issued (8) Electronically as to SYLVIA M. BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 ConsentForm, # 2 Notice of Consent)(kb) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

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4

STANDING ORDER. Signed by Judge Richard J. Leon on 7/9/2014. (lcrjl3) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

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5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elissa Graves, :Firm- Alliance Defending Freedom, :Address- 15100 N 90th St., Scottsdale, AZ 85260-2901. Phone No. - 480-444-0020. Fax No. - 800-835-5233 Filing fee $ 100, receipt number 0090-3796571. Fee Status: Fee Paid. by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN (Bowman, Matthew) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER

MINUTE ORDER granting 5 Motion for Admission of Attorney Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and Elissa Graves be, and hereby is, admitted pro hac vice in this case. Signed by Judge Richard J. Leon on 8/8/2014. (lcrjl3)

Aug. 8, 2014

Aug. 8, 2014

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SYLVIA MATHEWS BURWELL served on 7/21/2014; JACOB J. LEW served on 7/22/2014; THOMAS E. PEREZ served on 7/21/2014; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/21/2014; UNITED STATES DEPARTMENT OF LABOR served on 7/21/2014; UNITED STATES DEPARTMENT OF THE TREASURY served on 7/22/2014 (Attachments: # 1 Certificate of Service on Federal Defendants)(Bowman, Matthew) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/22/2014. Answer due for ALL FEDERAL DEFENDANTS by 9/20/2014. (Attachments: # 1 Certificate of Service on Attorney for the District of Columbia)(Bowman, Matthew) Modified date of service/deadline on 8/15/2014 (znmw, ). (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

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8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/21/2014. (Attachments: # 1 Certificate of Service on U.S. Attorney General)(Bowman, Matthew) Modified date of service on 8/15/2014 (znmw, ). (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER

Set/Reset Deadlines: Answer due by 9/20/2014 for all defendants. (znmw, )

Aug. 15, 2014

Aug. 15, 2014

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9

NOTICE of Appearance by Adam Anderson Grogg on behalf of All Defendants (Grogg, Adam) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
10

ERRATA exhibit to complaint by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN. (Attachments: # 1 Exhibit Articles of Incorporation)(Bowman, Matthew) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
11

MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65(a)(2) by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN (Attachments: # 1 Text of Proposed Order)(Bowman, Matthew). Added MOTION for Consolidated Trial on 9/3/2014 (znmw, ). (Entered: 09/02/2014)

1 Text of Proposed Order

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Sept. 2, 2014

Sept. 2, 2014

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Set/Reset Hearings: Status Conference set for 9/10/2014 11:30 AM in Courtroom 18 before Judge Richard J. Leon. (tb, )

Sept. 2, 2014

Sept. 2, 2014

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12

NOTICE of Appearance by Steven Henry Aden on behalf of All Plaintiffs (Aden, Steven) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

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13

First MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65(a)(2) MOTION for Consolidated Trial (Partially Unopposed) by SYLVIA M. BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Grogg, Adam) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER

MINUTE ORDER granting in part 13 Defendants' Partially Unopposed Motion for an Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction. It is hereby ORDERED that defendants' motion is GRANTED IN PART; it is further ORDERED that defendants' response to plaintiffs' motion for a preliminary injunction will be due at a date to be determined at the 9/10/2014 status conference. Signed by Judge Richard J. Leon on 9/5/2014. (lcrjl3)

Sept. 5, 2014

Sept. 5, 2014

PACER

Minute Entry: Status Conference held on 9/10/2014 before Judge Richard J. Leon: Parties will file Joint Proposed Scheduling Order within 10 (ten) days from today's hearing. (Court Reporter Vicki Eastvold) (tb, )

Sept. 10, 2014

Sept. 10, 2014

PACER
14

STIPULATION Joint Proposed Schedule by all parties, by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN. (Attachments: # 1 Text of Proposed Order)(Bowman, Matthew) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

PACER
15

NOTICE of Additional Availability for Oral Argument by SYLVIA M. BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 14 Stipulation (Grogg, Adam) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

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16

MOTION to Dismiss or, in the alternative,, MOTION for Summary Judgment by SYLVIA M. BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order, # 2 Declaration Certification of the Index of the Rulemaking Record)(Grogg, Adam) (Entered: 09/23/2014)

1 Text of Proposed Order

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2 Declaration Certification of the Index of the Rulemaking Record

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Sept. 23, 2014

Sept. 23, 2014

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17

Memorandum in opposition to re 11 MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65(a)(2) MOTION for Consolidated Trial filed by SYLVIA M. BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Grogg, Adam) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

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18

Memorandum in opposition re 16 MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment filed by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN. (Attachments: # 1 Text of Proposed Order)(Bowman, Matthew) Modified event title and link on 10/8/2014 (znmw, ). (Entered: 10/07/2014)

1 Text of Proposed Order

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Oct. 7, 2014

Oct. 7, 2014

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19

REPLY to opposition to motion re 11 MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65(a)(2) MOTION for Consolidated Trial filed by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN. (See Docket Entry 18 to view document). (znmw, ) (Entered: 10/08/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
20

Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment by SYLVIA M. BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Grogg, Adam) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER

MINUTE ORDER granting 20 Defendants' Unopposed Motion for an Extension of Time to File Their Reply In Support of Their Motion to Dismiss or, in the Alternative, for Summary Judgment. It is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the defendants shall have up to and including October 21, 2014, to file their reply. Signed by Judge Richard J. Leon on 10/11/2014. (lcrjl3)

Oct. 11, 2014

Oct. 11, 2014

PACER

Set/Reset Deadlines: Defendants' Reply In Support of their Motion to Dismiss or, in the Alternative, for Summary Judgment is now due by 10/21/2014. (jth)

Oct. 13, 2014

Oct. 13, 2014

PACER

Set/Reset Hearings: Motion Hearing set for 11/6/2014 at 02:30 PM in Courtroom 18 before Judge Richard J. Leon. (tb, )

Oct. 20, 2014

Oct. 20, 2014

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21

REPLY to opposition to motion re 16 MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment filed by SYLVIA M. BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Grogg, Adam) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

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22

NOTICE OF SUPPLEMENTAL AUTHORITY by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN (Bowman, Matthew) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
23

NOTICE of Filing of Appendix of Administrative Record by SYLVIA M. BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 16 MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment, 11 MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65(a)(2) MOTION for Consolidated Trial (Attachments: # 1 Appendix AR appendix part 1, # 2 Appendix AR appendix part 2, # 3 Appendix AR appendix part 3, # 4 Appendix AR appendix part 4, # 5 Appendix AR appendix part 5, # 6 Appendix AR appendix part 6)(Grogg, Adam) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

PACER

Minute Entry: Motion Hearing held on 11/6/2014 before Judge Richard J. Leon: re 11 MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65(a)(2) MOTION for Consolidated Trial and 16 MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment ; Motions heard and taken under advisement. Declarations due by 11/21/2014. Status Conference set for 11/24/2014 03:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter Dan Dickman) (tb, )

Nov. 6, 2014

Nov. 6, 2014

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24

TRANSCRIPT OF PROCEEDINGS before Judge Richard J. Leon held on November 6, 2014; Page Numbers: 1-64. Date of Issuance: November 14, 2014. Court Reporter/Transcriber Jan Dickman, Telephone number: (202) 354-3267, Court Reporter Email Address: jandickman@yahoo.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 12/5/2014. Redacted Transcript Deadline set for 12/15/2014. Release of Transcript Restriction set for 2/12/2015.(Dickman, Janice) (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
25

NOTICE OF SUPPLEMENTAL AUTHORITY by SYLVIA MATHEWS BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Slip Opinion, Priests for Life v. U.S. Department of Health & Human Services)(Grogg, Adam) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

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26

RESPONSE re 25 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN. (Bowman, Matthew) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

PACER
27

AFFIDAVIT re 11 MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65(a)(2) MOTION for Consolidated Trial related to health insurance availability by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN. (Bowman, Matthew) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

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Minute Entry: Status Conference held on 11/24/2014 before Judge Richard J. Leon: Parties may file supplemental brief (10 pages or less)addressing the D.C.Circuit's recent decision by 12/10/2014. (Court Reporter Barbara Devico) (tb, )

Nov. 24, 2014

Nov. 24, 2014

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28

SUPPLEMENTAL MEMORANDUM to re 16 MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment, 11 MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65(a)(2) MOTION for Consolidated Trial filed by SYLVIA MATHEWS BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Grogg, Adam) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

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MEMORANDUM re 16 MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment filed by THOMAS E. PEREZ, JACOB J. LEW, UNITED STATES DEPARTMENT OF LABOR, SYLVIA MATHEWS BURWELL, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, 11 MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65(a)(2) MOTION for Consolidated Trial filed by BETHANY A. GOODMAN, JEANNE F. MONAHAN, MARCH FOR LIFE by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN. (Bowman, Matthew) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

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MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 08/31/15. (tb) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

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ORDER : For reasons set forth in the Memorandum Opinion entered this date, it is hereby ordered that plaintiff's 11 Motion for Consolidated Trial on the Merits or for Summary Judgment is GRANTED IN PART AND DENIED IN PART ; it is further ordered that defendant's 16 Motion to Dismiss or for Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. SEE ORDER FOR FULL DETAILS. Signed by Judge Richard J. Leon on 08/31/15. (tb) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

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Unopposed MOTION for Extension of Time to file motion for attorney's fees and costs by BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN (Attachments: # 1 Text of Proposed Order)(Bowman, Matthew) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

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MINUTE ORDER granting 32 Unopposed Motion to Extend Deadline. It is hereby ORDERED that plaintiffs' Motion is GRANTED, and it is further ORDERED that plaintiffs shall file any motion for attorney's fees and costs in this matter on or before December 14, 2015. It is further ORDERED that this deadline shall go into abeyance if any appeal from the Court's August 31, 2015 judgment is filed, and shall remain in abeyance until such appellate proceedings conclude. Signed by Judge Richard J. Leon on 9/8/2015. (lcrjl2, )

Sept. 8, 2015

Sept. 8, 2015

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Set/Reset Deadlines: Motion due by 12/14/2015. (tb)

Sept. 10, 2015

Sept. 10, 2015

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33

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 31 Order on Motion for Preliminary Injunction, Order on Motion for Trial, Order on Motion to Dismiss, Order on Motion for Summary Judgment,,,, 30 Memorandum & Opinion by JACOB J. LEW, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF LABOR, SYLVIA M. BURWELL, THOMAS E. PEREZ. Fee Status: No Fee Paid. Parties have been notified. (Grogg, Adam) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

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Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 33 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

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AMENDED Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re 33 Notice of Appeal to DC Circuit Court,. (znmw) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER

USCA Case Number 15-5301 for 33 Notice of Appeal to DC Circuit Court, filed by THOMAS E. PEREZ, JACOB J. LEW, UNITED STATES DEPARTMENT OF LABOR, SYLVIA M. BURWELL, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (md)

Nov. 2, 2015

Nov. 2, 2015

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36

ORDER of USCA (certified copy) ORDERED that the motion be granted, and this case is hereby held in abeyance pending further order of the court as to 33 Notice of Appeal to DC Circuit Court, filed by THOMAS E. PEREZ, JACOB J. LEW, UNITED STATES DEPARTMENT OF LABOR, SYLVIA M. BURWELL, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. USCA Case Number 15-5301. (vt) (Entered: 02/26/2016)

Feb. 24, 2016

Feb. 24, 2016

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NOTICE of Change of Address by Elissa Graves (Graves, Elissa) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

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38

NOTICE OF WITHDRAWAL OF APPEARANCE as to BETHANY A. GOODMAN, MARCH FOR LIFE, JEANNE F. MONAHAN. Attorney Matthew S. Bowman terminated. (Attachments: # 1 Declaration Consent of Bethany Goodman to Withdrawal, # 2 Declaration Consent of Jeanne Mancini to Withdrawal)(Bowman, Matthew) (Entered: 01/16/2017)

Jan. 16, 2017

Jan. 16, 2017

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39

NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Renee Bennett on behalf of SYLVIA MATHEWS BURWELL, JACOB J. LEW, THOMAS E. PEREZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY Substituting for attorney Adam Grogg (Bennett, Michelle) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

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MANDATE of USCA as to 33 Notice of Appeal to DC Circuit Court filed by THOMAS E. PEREZ, JACOB J. LEW, UNITED STATES DEPARTMENT OF LABOR, SYLVIA MATHEWS BURWELL, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. USCA Case Number 15-5301. (Attachment: # 1 order filed September 17, 2018)(zvt) (Entered: 09/20/2018)

1

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Sept. 17, 2018

Sept. 17, 2018

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Case Details

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: July 7, 2014

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A non-profit, non-religious pro-life organization, which was required under the Affordable Care Act regulations issued by the Health Department to provide coverage of abortifacients in its employee health insurance plans, together with its employees who were against the use of abortifacients.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services (District of Columbia), Federal

United States Department of Labor (District of Columbia), Federal

United States Department of the Treasury (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Abortion

Contraception