Case: Washington v. U.S. Department of Health and Human Services

2:20-cv-01105 | U.S. District Court for the Western District of Washington

Filed Date: June 19, 2020

Closed Date: Sept. 9, 2020

Clearinghouse coding complete

Case Summary

This case concerns the legality of the United States Department of Health and Human Services’ (HHS) June 19th, 2020 implementation of a rule under Section 1557 of the Patient Protection and Affordable Care Act (commonly known as the Affordable Care Act or Obamacare), that (1) removed “sexual orientation, sex stereotyping, and gender identity” from the definition of sex discrimination, (2) included a religious exemption, and (3) redefined the scope of entities covered under the rule. On July 16…

On July 16th, 2020 the state of Washington filed this lawsuit under the Administrative Procedure Act (5 U.S.C. § 706) against the HHS and its Secretary in the United States District Court for the Western District of Washington. Washington sought an injunction against, and vacatur of, the rule as well as declaratory relief. Washington alleged that the rule exceeded HHS’s statutory authority and was arbitrary and capricious. Additionally, Washington alleged that the rule violated the equal protection and substantive due process clauses of the Fifth Amendment of the U.S. Constitution.

After the Affordable Care Act was passed in 2010, the HHS in 2016 issued a rule under Section 1557 that included sexual orientation, sex stereotyping, and gender identity as part of its definition of sex discrimination and lacked a religious exemption. However, as a result of a lawsuit filed in August 2016, the U.S. District Court for the Northern District of Texas vacated that rule's definition of sex discrimination on October 15, 2019 (Franciscan Alliance, LLC v. Burwell). The HHS’ 2020 rule tracked the result of Franciscan Alliance. However, as Washington’s initial complaint pointed out, on June 15, 2020 the United States Supreme Court held in Bostock v. Clayton County that sex discrimination under Title VII included discrimination because of sexual orientation and gender identity.

Along with its complaint, Washington filed a motion for a preliminary injunction on the grounds that its claims were likely to succeed, the rule would “irreparably harm” the state and its residents, and that an injunction would promote fairness and serve the public interest. Several amicus briefs were filed in support of the injunction.

Before ruling on the preliminary injunction, on August 18, 2020, the HHS gave notice of the decision in Walker v. Azar against the HHS (E.D.N.Y. No. 20-cv-02834). The case was substantially similar to this case, and the Walker court had decided to grant a preliminary injunction against the HHS. Following the notice, the court in this case (Judge James L. Robart) ordered each party to show cause regarding the impact of Walker. Both parties did so.

On August 28th, the court issued an order denying Washington’s preliminary injunction. Judge Robart ruled that before considering the merits of Washington’s claim, he had to consider Washington’s standing. Washington claimed it had standing because the rule would cause: (1) “additional costs or other economic harms . . . resulting from an increase in discrimination against Washingtonians or decreased healthcare coverage for Washingtonians; and (2) increased administrative costs.”

Particularly in light of the protections afforded by Bostock, Judge Robart found that Washington lacked “sufficient evidence to show that the 2020 Rule’s decision not to define on the basis of sex will yield an increase in discrimination against LGBTQ individuals or a decrease in available healthcare or health insurance coverage for that population,” and therefore ruled that all of Washington’s arguments concerning potential direct harm were insufficient. Moreover, the “administrative costs” raised by Washington also failed to support standing as they would be “self-inflicted.” Judge Robart also found Washington lacked standing to challenge the rule’s religious exceptions for “many of the same reasons.” 2020 WL 5095467. He then ordered Washington to show cause in 10 days as to why the case should not be dismissed for lack of subject matter jurisdiction.

On September 8th, Washington gave notice of its voluntary dismissal of the case, and on September 9th, 2020 the case was closed.

Summary Authors

Madeline Buday (9/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17357490/parties/state-of-washington-v-united-states-department-of-health-and-human/

Judge(s)

Attorney for Plaintiff

Chien, Marsha (Washington)

Attorney for Defendant

Expert/Monitor/Master/Other

Aguilar, Esteban Angel Jr. (New Mexico)

Avila, Jeremy A (California)

Cohen, Cathren (California)

Condotti, Anthony P (California)

Judge(s)

Robart, James L. (Washington)

Attorney for Plaintiff

Chien, Marsha (Washington)

Ferguson, Robert W. (Washington)

Luna, Neal Harold (Washington)

Sutherland, Brian J (Washington)

Attorney for Defendant

Holland, Liam (District of Columbia)

Lane, William Kerwin III (District of Columbia)

Other

Aguilar, Esteban Angel Jr. (New Mexico)

Avila, Jeremy A (California)

Cohen, Cathren (California)

Condotti, Anthony P (California)

Coursolle, Abigail K. (California)

del Peral, Cesar (California)

Doseck, Barbara J. (Ohio)

Edwards, Elizabeth (California)

Escamilla, David A. (Texas)

Feuer, Michael Nelson (California)

Flessner, Mark A. (Illinois)

Flores, Hannah (California)

Fogleman, Adam B (Arkansas)

Forte, Christopher J (Connecticut)

Fosbre, William (Washington)

Franklin, Erica Ruth (Washington)

Hall, David (Washington)

Hamburger, Eleanor (Washington)

Hansen, Greta Suzanne (California)

Heath, Jason M (California)

Herman, G. [Nick] Nicholas (North Carolina)

Herrera, Dennis J. (California)

Hirsch, Rebecca (Illinois)

Holmes, Peter S. (Washington)

Jenkins, Michael (California)

Johnson, James E. (New York)

Kane, Stephen J. (Illinois)

Kirk, Lorraine Alofa (Washington)

Klein, Zachary M (Ohio)

Kuc, Gary W (Maryland)

Kuhn, Scott (California)

Letter, Douglas (District of Columbia)

Lewis, Ronald C. (Texas)

Lowney, Eric D (Knoll) (Washington)

McKeon, Katherine G (California)

Morgan, Anne L. (Texas)

Olson, Lyndsey M (Minnesota)

Parker, Barbara J (California)

Perkins, Jane (California)

Press, Douglas M (California)

Reeve, Tracy (Oregon)

Scheller, Jessica Megan (Illinois)

Schneiderman, Howard Phillip (Washington)

St. George, Rebecca (Minnesota)

Trice, Laura Susan (California)

Van Kirk, Lorraine Alofa (California)

Varon, Janet (Washington)

Wickham, Mary C. (California)

Williams, Terry J (Pennsylvania)

Williams [inactive], James Robyzad (California)

Wright, Francis X. Jr. (Massachusetts)

Zollinger, Stephen P (Idaho)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:20-cv-01105	Civil Docket for Case #: 2:20-cv-01105-JLR State of Washington v. United States Department of Health and Human Services	Sept. 9, 2020	Sept. 9, 2020 Docket
1 2:20-cv-01105	Complaint for Declaratory and Injunctive Relief State of Washington v. United States Department of Health and Human Services	July 16, 2020	July 16, 2020 Complaint
47 2:20-cv-01105	Amicus Curiae Brief by Local Government Amici in Support of Plaintiff's Motion for Preliminary Injunction State of Washington v. United States Department of Health and Human Services	Aug. 7, 2020	Aug. 7, 2020 Pleading / Motion / Brief
63 2:20-cv-01105	Brief of Amici National Health Law Program et al., in Support of Plaintiff's Motion for Preliminary Injunction State of Washington v. United States Department of Health and Human Services	Aug. 14, 2020	Aug. 14, 2020 Pleading / Motion / Brief
72 2:20-cv-01105	Order on Motion for Preliminary Injunction State of Washington v. United States Department of Health and Human Services	Aug. 28, 2020	Aug. 28, 2020 Order/Opinion 482 F.Supp.3d 1104

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17357490/state-of-washington-v-united-states-department-of-health-and-human/

Last updated June 27, 2026, 6:23 a.m.

ECF Number	Date	Description	Link
1	July 16, 2020	COMPLAINT against All Defendants (Receipt # AWAWDC-6469413), filed by State of Washington. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Luna, Neal) (Entered: 07/16/2020) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER	RECAP
2	July 16, 2020	NOTICE of Appearance by attorney Marsha J. Chien on behalf of Plaintiff State of Washington. (Chien, Marsha) (Entered: 07/16/2020)	RECAP
3	July 16, 2020	NOTICE of Appearance by attorney Brian J Sutherland on behalf of Plaintiff State of Washington. (Sutherland, Brian) (Entered: 07/16/2020)	RECAP
4	July 16, 2020	MOTION for Preliminary Injunction, filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/7/2020, (Chien, Marsha) (Entered: 07/16/2020) 1 Proposed Order View on PACER	RECAP
5	July 16, 2020	INDEX LIST re 4 MOTION for Preliminary Injunction re 6 Declaration; 7 Declaration; 8 Declaration; 9 Declaration; 10 Declaration; 11 Declaration; 12 Declaration; 13 Declaration; 14 Declaration; 15 Declaration; 16 Declaration; 17 Declaration; 18 Declaration; 19 Declaration; 20 Declaration; 21 Declaration; 22 Declaration Declaration Index List by Plaintiff State of Washington (Chien, Marsha) Modified on 7/20/2020. Added links to declaration(s) and updated title to more accurately reflect the type of pleading filed. (ST) (Entered: 07/16/2020)	RECAP
6	July 16, 2020	DECLARATION of Karter Booher filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
7	July 16, 2020	DECLARATION of David Iseminger filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
8	July 16, 2020	DECLARATION of Brandon Knox filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
9	July 16, 2020	DECLARATION of Beth Krehbiel filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
10	July 16, 2020	DECLARATION of Myron Bradford Mike Kreidler filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
11	July 16, 2020	DECLARATION of Everett Maroon filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
12	July 16, 2020	DECLARATION of Jason McGill filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
13	July 16, 2020	DECLARATION of Bill Moss filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
14	July 16, 2020	DECLARATION of Thea N. Mounts filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
15	July 16, 2020	DECLARATION of Kathy L. Oline filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
16	July 16, 2020	DECLARATION of David Reed filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
17	July 16, 2020	DECLARATION of Michele Roberts filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
18	July 16, 2020	DECLARATION of Kenneth Shulman filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
19	July 16, 2020	DECLARATION of Jessica Todorovich filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
20	July 16, 2020	DECLARATION of Dr. Chelsea Unruh filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
21	July 16, 2020	DECLARATION of Elayne Wylie filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
22	July 16, 2020	DECLARATION of Daniel Zeitlin filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)	RECAP
23	July 17, 2020	CERTIFICATE OF SERVICE by Plaintiff State of Washington (Luna, Neal) (Entered: 07/17/2020)	RECAP
24	July 20, 2020	Summons(es) Electronically Issued as to defendant(s) Alex M Azar, United States Department of Health and Human Services (Attachments: # 1 Summons)(ST) (Entered: 07/20/2020)	RECAP
25	July 20, 2020	CERTIFICATE OF SERVICE re summons; served upon Defendants via certified mail; sent on 7/20/2020 by Plaintiff State of Washington (Luna, Neal) Modified on 7/21/2020 to include party and date summons mailed (PM). (Entered: 07/20/2020)	RECAP
26	July 20, 2020	NOTICE TO FILER: re 1 Complaint. Notice of Filing Deficiency Action Required See attached letter for more information and instructions. Notice of Related Case must be filed by 7/27/2020. (ST) Modified on 7/21/2020. See docket 27 . (ST) (Entered: 07/20/2020)	RECAP
	July 20, 2020	Judge James L. Robart added. (ST)
	July 20, 2020	Add and Terminate Judges
27	July 21, 2020	NOTICE TO FILER: re 1 Complaint. Reminder Documents omittedSee attached letter for more information and instructions. NOTE: Please disregard 26 Notice to Filer as it did not include the correct instructions. (ST) (Entered: 07/21/2020)	RECAP
28	July 21, 2020	NOTICE of Pendency of Other Action ; filed by Plaintiff State of Washington. (Luna, Neal) (Entered: 07/21/2020)	RECAP
	July 21, 2020	***Deadlines/Hearings terminated re [26} Notice to Filer. (ST)
	July 21, 2020	Terminate Deadlines/Hearings
29	July 22, 2020	CERTIFICATE OF SERVICE by Plaintiff State of Washington re 28 Notice of Pendency of Other Action (Luna, Neal) (Entered: 07/22/2020)	RECAP
30	July 29, 2020	MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief, filed by Amicus Parties Northwest Health Law Advocates, C. P., M. D.. (Attachments: # 1 Appendix A, # 2 Proposed Order) Noting Date 8/7/2020, (Hamburger, Eleanor) (Entered: 07/29/2020) 1 Appendix A View on RECAP 2 Proposed Order View on PACER	RECAP
31	July 29, 2020	DECLARATION of Eleanor Hamburger filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)	RECAP
32	July 29, 2020	Redacted DECLARATION of P.P. filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)	RECAP
33	July 29, 2020	Redacted DECLARATION of C.D. filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)	RECAP
34	July 29, 2020	DECLARATION of Janet Varon filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)	RECAP
35	July 29, 2020	NOTICE that the following is RE-NOTED: 4 MOTION for Preliminary Injunction . Filed by Plaintiff State of Washington. Noting Date 8/14/2020, (Sutherland, Brian) (Entered: 07/29/2020)	RECAP
36	July 29, 2020	NOTICE that the following is RE-NOTED: 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief. Filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P.. Noting Date 8/14/2020, (Hamburger, Eleanor) (Entered: 07/29/2020)	RECAP
37	July 29, 2020	DECLARATION of Service filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)	RECAP
	July 29, 2020	Attorney Eleanor Hamburger added as counsel for M. D., Northwest Health Law Advocates, and C. P. per 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief. (PM)
	July 29, 2020	Add and Terminate Attorneys
38	Aug. 3, 2020	REQUEST for Remote Oral Argument Setting by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Sutherland, Brian) (Entered: 08/03/2020)	RECAP
39	Aug. 3, 2020	Agreed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff, filed by Amicus House of Representatives. (Attachments: # 1 Exhibit Proposed Brief Amicus Curiae, # 2 Proposed Order) Noting Date 8/3/2020, (Letter, Douglas) (Entered: 08/03/2020) 1 Exhibit Proposed Brief Amicus Curiae View on PACER 2 Proposed Order View on PACER	RECAP
	Aug. 4, 2020	Attorney Douglas Neal Letter added as counsel for House of Representatives per 39 Agreed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff. (PM)
	Aug. 4, 2020	Add and Terminate Attorneys
40	Aug. 5, 2020	NOTICE of Appearance by attorney Erica R. Franklin on behalf of Plaintiff Amicus Curiae Local Governments. (Franklin, Erica) (Entered: 08/05/2020)	RECAP
41	Aug. 5, 2020	APPLICATION OF ATTORNEY Lorraine Van Kirk FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Amicus Curiae Local Governments (Fee Paid) Receipt No. AWAWDC-6511801 (Franklin, Erica) (Entered: 08/05/2020)	RECAP
42	Aug. 5, 2020	ORDER re 41 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lorraine Alofa Van Kirk for Plaintiff Amicus Curiae Local Governments, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/05/2020)	RECAP
	Aug. 5, 2020	Order on Application for Leave to Appear Pro Hac Vice
43	Aug. 7, 2020	NOTICE of Appearance by attorney Lorraine Alofa Van Kirk on behalf of Plaintiff Amicus Curiae Local Governments. (Van Kirk, Lorraine) (Entered: 08/07/2020)	RECAP
44	Aug. 7, 2020	MINUTE ORDER re Parties' 38 Joint Request for remote oral argument setting re 4 MOTION for Preliminary Injunction : Motion Hearing set for 8/14/2020 at 02:00 PM via via Zoom videoconference before Judge James L. Robart. The State of Washington's reply brief on its motion for a preliminary injunction shall be due by 4:30 PM PDT on Thursday, August 13, 2020. Authorized by Judge James L. Robart. (LH)	RECAP
45	Aug. 7, 2020	APPLICATION OF ATTORNEY Abigail Coursolle FOR LEAVE TO APPEAR PRO HAC VICE for Amicus National Health Law Program (Fee Paid) Receipt No. AWAWDC-6517541 (Hamburger, Eleanor) (Filed by Lowney, Eric)Modified on 8/10/2020 (DS). (Entered: 08/07/2020)	RECAP
46	Aug. 7, 2020	MOTION for Leave to File Amicus Curie Brief, filed by Plaintiff Amicus Curiae Local Governments. (Attachments: # 1 Proposed Order)(Van Kirk, Lorraine) (Entered: 08/07/2020)	RECAP
47	Aug. 7, 2020	Amicus Curiae BRIEF by Plaintiff Amicus Curiae Local Governments (Van Kirk, Lorraine) (Entered: 08/07/2020)	RECAP
48	Aug. 10, 2020	NOTICE of Appearance by attorney Eric D Lowney on behalf of Amicus National Health Law Program. (Lowney, Eric) (Entered: 08/10/2020)	RECAP
49	Aug. 10, 2020	ORDER granting Amici NoHLA, C.P., and M.D.'s 30 Motion for Leave Expedited Leave to File Amicus Curiae Brief. The amicus curiae brief of NoHLA, C.P., and M.D., shall be filed within one court day of this Order. Signed by Judge James L. Robart.(LH)	RECAP
50	Aug. 10, 2020	ORDER granting Agreed Parties' 39 Motion for Leave to File Brief of U.S. House of Representatives as Amicus Curiae in support of Plaintiffs. Signed by Judge James L. Robart.(LH)	RECAP
51	Aug. 10, 2020	ORDER granting Local Governments' 46 Motion for Leave to File Amicus Curiae Brief by Local Government. The amicus curiae brief of Local Government Amici shall be filed the date of this Order. Signed by Judge James L. Robart.(LH)	RECAP
52	Aug. 10, 2020	Amici Curiae Northwest Health Law Advocates', C.P.'s and M.D.'s BRIEF re 4 MOTION for Preliminary Injunction by Amicus Parties M. D., Northwest Health Law Advocates, C. P. (Hamburger, Eleanor) (Entered: 08/10/2020)	RECAP
53	Aug. 10, 2020	ORDER re 45 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Abigail Coursolle for Amicus National Health Law Program, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/10/2020)	RECAP
54	Aug. 10, 2020	NOTICE of Appearance by attorney Abigail Coursolle on behalf of Amicus National Health Law Program. (Coursolle, Abigail) (Entered: 08/10/2020)	RECAP
55	Aug. 10, 2020	NOTICE of Appearance by attorney William Kerwin Lane, III on behalf of Defendants Alex M Azar, United States Department of Health and Human Services. (Lane, William) (Entered: 08/10/2020)	RECAP
56	Aug. 10, 2020	RESPONSE, by Defendants Alex M Azar, United States Department of Health and Human Services, to 4 MOTION for Preliminary Injunction . (Lane, William) (Entered: 08/10/2020)	RECAP
57	Aug. 10, 2020	MOTION for Leave to File Brief of Amicus Curiae, filed by Amicus National Health Law Program. (Attachments: # 1 Exhibit Proposed Brief, # 2 Exhibit Exhibit to Proposed Brief, # 3 Proposed Order) Noting Date 8/10/2020, (Coursolle, Abigail) (Entered: 08/10/2020) 1 View on RECAP 2 View on RECAP	RECAP
	Aug. 10, 2020	Order on Application for Leave to Appear Pro Hac Vice
58	Aug. 11, 2020	NOTICE of Appearance by attorney Liam Holland on behalf of Defendants Alex M Azar, United States Department of Health and Human Services. (Holland, Liam) (Entered: 08/11/2020)	RECAP
59	Aug. 13, 2020	REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 4 MOTION for Preliminary Injunction (Sutherland, Brian) (Entered: 08/13/2020)	RECAP
60	Aug. 14, 2020	ORDER granting Proposed Amici the National Health Law Program et al's 57 Motion for Leave to File an amicus curiae brief in support of Plaintiff State of Washington's Motion for Preliminary Injunction. The amicus curiae brief of the National Health Law Program et al. shall be filed within one court day of this Order. Signed by Judge James L. Robart.(PM)	RECAP
61	Aug. 14, 2020	MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Marsha Chien, Brian Sutherland; Def Counsel: Liam Holland; CR: Nickie Drury; Zoom Motion Hearing held on 8/14/2020. The court hears argument from counsel re 4 MOTION for Preliminary Injunction filed by Plaintiff State of Washington. The court takes the matter under advisement; written order to be issued. (AD) (Entered: 08/14/2020)	RECAP
62	Aug. 14, 2020	ORDER re 4 MOTION for Preliminary Injunction. The court ORDERS both parties to submit supplemental briefing on the topics in this order by 10:00 AM PDT on Monday, August 17, 2020. Signed by Judge James L. Robart. (PM)	RECAP
63	Aug. 14, 2020	Amicus BRIEF by Amicus National Health Law Program (Coursolle, Abigail) (Entered: 08/14/2020)	RECAP
	Aug. 14, 2020	Motion Hearing
64	Aug. 17, 2020	SUPPLEMENT re 4 MOTION for Preliminary Injunction by Plaintiff State of Washington (Chien, Marsha) (Entered: 08/17/2020)	RECAP
65	Aug. 17, 2020	SUPPLEMENT Memorandum by Defendants Alex M Azar, United States Department of Health and Human Services (Holland, Liam) (Entered: 08/17/2020)	RECAP
66	Aug. 17, 2020	TRANSCRIPT REQUEST by Plaintiff State of Washington for proceedings held on 08/14/2020, Requesting Attorney: Marsha J. Chien. (Chien, Marsha) (Entered: 08/17/2020)	RECAP
67	Aug. 18, 2020	NOTICE of Decision in Walker v. Azar, No. 20-cv-02834 (EDNY) ; filed by Defendants Alex M Azar, United States Department of Health and Human Services. (Attachments: # 1 Exhibit)(Holland, Liam) (Entered: 08/18/2020) 1 Exhibit View on PACER	RECAP
68	Aug. 18, 2020	ORDER TO SHOW CAUSE re Plaintiff's 4 MOTION for Preliminary Injunction. The court ORDERS the parties to show cause regarding the impact, if any, that the Asapansa-Johnson Walker injunction against HHS has on Washington's motion for a preliminary injunction. Both parties shall submit their responses to this order to show cause by 5:00 p.m. PDT on Wednesday, August 26, 2020. Signed by Judge James L. Robart. (LH)	RECAP
69	Aug. 20, 2020	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Zoom Preliminary Injunction Hearing held on 8/14/2020 before Judge James L. Robart.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 may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 11/18/2020, (ND) (Entered: 08/20/2020)	RECAP
70	Aug. 26, 2020	RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff State of Washington re: 68 Order to Show Cause, (Attachments: # 1 Exhibit 1)(Sutherland, Brian) (Entered: 08/26/2020) 1 Exhibit 1 View on PACER	RECAP
71	Aug. 26, 2020	MEMORANDUM filed by Defendants Alex M Azar, United States Department of Health and Human Services re 4 MOTION for Preliminary Injunction Responding to the Court's Order to Show Cause (Holland, Liam) (Entered: 08/26/2020)	RECAP
72	Aug. 28, 2020	ORDER denying Plaintiff's 4 Motion for Preliminary Injunction. The court also ORDERS Washington to show cause within 10 days of the filing date of this order why this case should not be dismissed for lack of subject matter jurisdiction. Signed by Judge James L. Robart. (PM)	RECAP
73	Sept. 8, 2020	NOTICE of Voluntary Dismissal of case by Plaintiff State of Washington (Sutherland, Brian) (Entered: 09/08/2020)	RECAP
	Sept. 9, 2020	***Civil Case Terminated re 73 Notice of Voluntary Dismissal without prejudice. (LH)
	Sept. 9, 2020	Terminate Civil Case

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Case Details

State / Territory:

Washington

Case Type(s):

Healthcare Access and Reproductive Issues

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Transgender Healthcare Access Cases

Key Dates

Filing Date: June 19, 2020

Closing Date: Sept. 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The state of Washington.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Department of Health and Human Services

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

Western District of Washington 2:20-cv-01105

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Government services

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Benefits (Source):

Medicaid

Medicare

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

LGBTQ+:

Recommended Citation

Case Summary of Washington v. U.S. Department of Health and Human Services, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/17775/ (last updated 9/17/2020).