Case: Family Planning Association of Maine v. U.S. Department of Health and Human Services

1:19-cv-00100 | U.S. District Court for the District of Maine

Filed Date: March 6, 2019

Closed Date: Oct. 15, 2021

Clearinghouse coding complete

Case Summary

This is a case about the Trump Administration's Compliance with Statutory Program Integrity Requirements, 84 Fed. Reg. 7,714 (the “Rule”), published by the United States Department of Health and Human Services (“HHS”) on March 4, 2019, and its deleterious effect on Maine reproductive health care organizations. Maine Family Planning was the largest reproductive health care organization in the state and its sole Title X family planning program grantee. Since the middle of the twenty-first century…

This is a case about the Trump Administration's Compliance with Statutory Program Integrity Requirements, 84 Fed. Reg. 7,714 (the “Rule”), published by the United States Department of Health and Human Services (“HHS”) on March 4, 2019, and its deleterious effect on Maine reproductive health care organizations. Maine Family Planning was the largest reproductive health care organization in the state and its sole Title X family planning program grantee. Since the middle of the twenty-first century, Title X was the only federal program dedicated to providing family planning services in the United States. Title X family planning program provided reproductive health care services to approximately four million low-income, uninsured, and underserved individuals across the country, over 60% of whom used the program as their usual source of health care. Maine Family Planning received funding from the Title X program and were subject to HHS regulations. Maine Family Planning had issues complying with two regulations in particular:

  • “Gag Rule”: prohibited health professionals from providing their patients with abortion referral information even if patients directly requested it. Simultaneously, the Gag Rule mandated that the patient be referred for prenatal services, regardless of whether such a referral was appropriate.
  • “Physical Separation Rule”: required all abortion services to be physically separated from clinics that also provided Title X services. This requirement specifically targeted Title X providers, like Maine Family Planning, that provided Title X services and abortions at the same location for decades. Many providers found it functionally impossible to meet these requirements.

On March 6, 2019, Maine Family Planning, represented by the Center for Reproductive Rights, filed this case in the U.S. District Court for the District of Maine against the United States Department of Health and Human Services, the Secretary of HHS, and the Deputy Assistant Secretary for HHS's Office of Population Affairs. The plaintiffs asked the court to grant preliminary and permanent injunctions of the Gag Rule and Physical Separation Rule. The plaintiffs also asked for declaratory relief and attorneys’ fees. The plaintiffs alleged that the Rule violated the Administrative Procedure Act, 5 U.S.C. § 706(2)(A)–(C), and the First and Fifth Amendments to the U.S. Constitution.They contended that reformatting Maine Family Planning’s statewide practice to conform to the Physical Separation Rule would likely result in wide-scale closures of several clinics. In particular, the plaintiffs stated that Maine Family Planning would have to eliminate abortion services at seventeen of its eighteen clinics that currently provide the services. The case was assigned to Judge Lance E. Walker.

On March 25, 2019, the plaintiffs filed their motion for preliminary injunction. Due to a nationwide injunction of the Rule, ordered by the U.S. District Court for the Eastern District of Washington in Washington v. Azar, the plaintiffs temporarily withdrew their motion for preliminary injunction on April 26, 2019. The plaintiffs renewed their motion for preliminary injunction on June 21, 2019, when the nationwide injunction from Washington was stayed due to an appeal. 
 
On July 3, 2019, the Judge Walker denied the plaintiffs' motion for preliminary injunction. The court held that the plaintiffs were not likely to prevail on merits on their three claims: that the Rule violated the APA, that it violated their patients’ Fifth Amendment right to terminate pregnancy prior to viability through abortion, and that the Rule violated the plaintiffs’ First Amendment rights to free speech. 404 F. Supp. 3d 286.
 
On July 16, 2019, the plaintiffs filed their opposed motion to amend the preliminary injunction, or in the alternative for injunction pending appeal, and unopposed motion for expedited briefing. The plaintiff filed this motion to clarify the factual and legal impact of the two rules above. They further requested that the court grant their motion for preliminary injunction pending the plaintiff’s appeal to the First Circuit. On August 9, 2019, the district court denied the plaintiffs' motion, with Judge Walker holding firm on his previous ruling that the plaintiffs were unlikely to succeed on the merits. 2019 WL 3774619.
 
The plaintiffs appealed the order in the U.S. Court of Appeals for the First Circuit (No. 19-1836) on August 15, 2019. The district court stayed the proceedings pending the appeal on August 29, 2019. On October 22, 2019, the parties filed a stipulated motion to dismiss with the First Circuit, which granted the motion and dismissed the appeal the next day on October 23, 2019. 2019 WL 8112705. We don't know what prompted the plaintiffs to stop pursuing the appeal, but they then sought to file an amended complaint, explaining that circumstances had changed: the Rule had gone into effect and Maine Family Planning was no longer participating in the Title X program.

The plaintiffs filed the amended complaint on November 22, 2019, claiming that the Rule going into effect had forced Maine Family Planning to leave the program, leaving the state of Maine with no Title X provider at all.  This also forced Maine Family Planning to rely on its own limited reserves to make up for the resulting loss, and it would soon be forced to cut back on its services, including closing clinics, downsizing staff, and eliminating some family planning services altogether. Furthermore, five other states (Hawaii, Oregon, Utah, Vermont, and Washington) now had no clinics using Title X funding, and six more had lost the majority of their Title X clinics due to the Rule. The plaintiffs predicted that even more clinics would likely leave the program when the Physical Separation Rule went into effect on March 4, 2020.

On January 16, 2020, the defendants filed a motion to dismiss the case or, in the alternative, to grant summary judgment in the defendants’ favor. The plaintiffs filed a cross-motion for summary judgment on February 27, 2020. On June 9, 2020, the Judge Walker granted the defendants' motion to dismiss the case. In his opinion, Judge Walker explained that the government was free to choose not to subsidize speech, holding, among other things, that due process didn't guarantee clinics the right to provide abortion services, that the Physical Separation Rule didn't prohibit clinics from participating in Title X, and that equal protection didn't apply because all pregnant patients were required to receive referrals. 466 F. Supp. 3d 259.

The plaintiffs appealed this decision to the First Circuit (No. 20-1781) on August 7, 2020, but the appeal was voluntarily dismissed on October 15, 2021, 2021 WL 6884730, in light of a new rule issued by the Biden Administration. The new rule revoked the Gag Rule and the Physical Separation Rule, and it restored the Title X provider network by allowing qualified providers and grantees who were forced out of the Title X program to apply to re-enter the program in the upcoming grant cycle.
 
This case is closed.

Summary Authors

Calvin Kim (10/10/2022)

Related Cases

State of Washington v. Azar, Eastern District of Washington (2019)

Documents in the Clearinghouse

Document
1

1:19-cv-00100

Complaint for Declaratory and Injunctive Relief

Center for Reproductive Rights v. U.S. Department of Health and Human Services

March 6, 2019

March 6, 2019

Complaint
77

1:19-cv-00100

Decision and Order on Motion for Preliminary Injunction

July 3, 2019

July 3, 2019

Order/Opinion
84

1:19-cv-00100

Decision and Order on Motion to Amend Order

The Family Planning Association of Maine v. United States Department of Health and Human Services

Aug. 9, 2019

Aug. 9, 2019

Order/Opinion
99

1:19-cv-00100

Amended Complaint for Declaratory and Injunctive Relief

Nov. 22, 2019

Nov. 22, 2019

Complaint
126

1:19-cv-00100

Decision and Order

June 9, 2020

June 9, 2020

Order/Opinion
137

1:19-cv-00100

19-01836

Judgment

U. S. Court of Appeals for the First Circuit

Oct. 15, 2021

Oct. 15, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14625569/family-planning-association-of-maine-v-united-states-department-of-health/

Last updated Dec. 24, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ALEX M AZAR, II, DIANE FOLEY, MD, OFFICE OF POPULATION AFFAIRS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by FAMILY PLANNING ASSOCIATION OF MAINE, J DOE, DO, MPH. (Service of Process Deadline 6/4/2019) Fee due by 3/8/2019.(bfa) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

Clearinghouse
2

CIVIL COVER SHEET. (bfa) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
3

(Document sealed from public view) SEALED MOTION TO PROCEED UNDER ALIAS, MOTION to Seal certain documents by J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE (Attachments: # 1 Richard L. OMeara declaration, # 2 J. DOE declaration)(bfa) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
4

Summons Issued as to ALEX M AZAR, II, DIANE FOLEY, MD, OFFICE OF POPULATION AFFAIRS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Office of Population Affairs summons, # 2 Diane Foley, MD summons, # 3 Alex M. Azar II summons)(bfa) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
5

ORDER granting 3 Sealed Motion to Proceed under Alias; granting 3 Motion to Seal Certain Documents. The plaintiffs' motions to proceed by alias for the natural plaintiff and to seal certain documents are granted, without prejudice to the filing of a motion for reconsideration by one or more defendants once served. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
6

***To be re-filed***CERTIFICATION for Admission Pro Hac Vice of Emily B. Nestler, Molly R. Duane and Arielle Humphries filed by RICHARD L. O'MEARA on behalf of J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE (Total admission fee $ 300 receipt number 0100-1985703.) (Attachments: # 1 Certification of Molly R. Duane for Admission Pro Hac Vice, # 2 Certification of Arielle Humphries for Admission Pro Hac Vice)(O'MEARA, RICHARD) Modified on 3/7/2019 to indicate certificates to be re-filed with signatures (jgd). (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER

Order on Sealed Motion

March 6, 2019

March 6, 2019

PACER

Order on Motion to Seal

March 6, 2019

March 6, 2019

PACER

Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1985516.), filed by FAMILY PLANNING ASSOCIATION OF MAINE, J DOE, DO, MPH.(O'MEARA, RICHARD)

March 6, 2019

March 6, 2019

PACER
7

NOTICE of Docket Entry Modification regarding 6 Certification for Admission Pro Hac Vice: This docket entry has been modified to indicate certificates are to be re-filed with signatures at the request of the Clerk's Office. (jgd) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
8

CERTIFICATION for Admission Pro Hac Vice of Emily B. Nestler, Molly R. Duane and Arielle Humphries filed by RICHARD L. O'MEARA on behalf of J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE. See Docket Entry NO. 6 for receipt information. (Attachments: # 1 Certification of Molly R. Duane for Admission Pro Hac Vice, # 2 Certification of Arielle Humphries for Admission Pro Hac Vice)(O'MEARA, RICHARD) Modified on 3/7/2019 to reference receipt in ECF No. 6 (jgd). (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
9

NOTICE of Appearance by DANIEL M. RIESS on behalf of All Defendants (RIESS, DANIEL) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
10

CERTIFICATION for Admission Pro Hac Vice of Emily S. Ullman and Jennifer H. Saperstein filed by RICHARD L. O'MEARA on behalf of J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE (Total admission fee $ 200 receipt number 0100-1990294.) (Attachments: # 1 Certification of Jennifer H. Saperstein for Admission Pro Hac Vice)(O'MEARA, RICHARD) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
11

Joint MOTION for Briefing Schedule and Extension of Page Limits for Preliminary Injunction Motion by J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE Responses due by 4/8/2019. (NESTLER, EMILY) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
12

ORDER granting 11 Motion for Briefing Schedule and Extension of Page Limits for Preliminary Injunction Motion By JUDGE LANCE E. WALKER. (jwr) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
13

NOTICE of Appearance by ROBERT C. MERRITT on behalf of All Defendants (MERRITT, ROBERT) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
14

NOTICE of Hearing: Hearing on Motion for 17 Preliminary Injunction set for 4/24/2019 09:00 AM in Bangor Courtroom 2 before JUDGE LANCE E. WALKER. (jwr) Modified on 3/25/2019 to include link to #17 (jwr). Modified on 4/23/2019 to change the location (jwr). (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER

Set Deadlines Regarding 12 Order on Motion for Briefing Schedule and Extension of Page Limits for Preliminary Injunction Motion : Preliminary Injunction Motion due by 3/25/2019. Response due by 4/15/2019. Reply due by 4/23/2019. (jwr)

March 19, 2019

March 19, 2019

PACER

Order on Motion for Miscellaneous Relief 1

March 19, 2019

March 19, 2019

PACER
15

(Document sealed from public view) MOTION to Seal Declaration by J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE Responses due by 4/15/2019. (Attachments: # 1 Exhibit 1 - Declaration of Nurse Practitioner)(O'MEARA, RICHARD) Modified on 3/25/2019 to change motion type (jwr). (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER
16

CORPORATE DISCLOSURE STATEMENT / Rule 7.1 Statement by J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE. (O'MEARA, RICHARD) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER
17

MOTION for Preliminary Injunction by J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE Responses due by 4/15/2019. (Attachments: # 1 Memoraundum in Support of Motion for Preliminary Injunction, # 2 Exhibit 1 - Declaration of G. Hill, # 3 Exhibit 2 - Declaration of E. Kieltyka, # 4 Exhibit 3 - Declaration of M. Bailey, Ph.D, # 5 Exhibit 4 - Declaration of M. Winnia, M.D., # 6 Exhibit 5 - Declaration of J. Lindo, Ph.D., # 7 Exhibit 6 - Declaration of J. Jenkins)(O'MEARA, RICHARD) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER
18

RESPONSE to Motion re 15 (Document sealed from public view) MOTION to Seal Declaration, 3 (Document sealed from public view) SEALED MOTION(Document sealed from public view) MOTION to Seal certain documents filed by ALEX M AZAR, II, DIANE FOLEY, MD, OFFICE OF POPULATION AFFAIRS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Reply due by 4/17/2019. (MERRITT, ROBERT) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
19

NOTICE/CORRESPONDENCE Re: Joint Notice of Blanket Consent to the Filing of Amicus Briefs by All Plaintiffs (NESTLER, EMILY) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
20

NOTICE of Appearance by BRINTON LUCAS on behalf of All Defendants (LUCAS, BRINTON) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
21

ORDER granting 15 Motion to Seal Declaration By JUDGE LANCE E. WALKER. (jwr) (Entered: 04/09/2019)

April 8, 2019

April 8, 2019

PACER

Order on Motion to Seal

April 9, 2019

April 9, 2019

PACER
22

Unopposed MOTION for Leave to File Amicus Curiae Brief by INSTITUTE FOR POLICY INTEGRITY Responses due by 5/2/2019. (Attachments: # 1 Proposed Amicus Brief)(BUCHANAN, BRENDA) (Entered: 04/11/2019)

1 Proposed Amicus Brief

View on PACER

April 11, 2019

April 11, 2019

RECAP
23

CERTIFICATION for Admission Pro Hac Vice of Madison Condon and Jason Schwartz filed by BRENDA M. BUCHANAN on behalf of Institute for Policy Integrity (Total admission fee $ 200 receipt number 0100-2004343.) (Attachments: # 1 Jason Schwartz certification of PHV)(BUCHANAN, BRENDA) Modified on 4/11/2019 to include Jason Schwartz(jwr). (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
24

CORPORATE DISCLOSURE STATEMENT by Institute for Policy Integrity. (BUCHANAN, BRENDA) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
25

MOTION for Leave to File Amicus Brief by AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE and SOCIETY FOR MATERNAL-FETAL MEDICINE Responses due by 5/2/2019. (DRUM, PETER) Modified on 4/11/2019 to include all filers(jwr). (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
26

AMICUS BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE and SOCIETY FOR MATERNAL-FETAL MEDICINE . (DRUM, PETER) Modified on 4/11/2019 to include all filers(jwr). (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
27

NOTICE of Docket Entry Modification regarding 25 MOTION for Leave to File Amicus Brief, 26 Amicus Brief : These docket entries have been modified to include AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE and SOCIETY FOR MATERNAL-FETAL MEDICINE as filers of these documents. (jwr) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
28

CERTIFICATION for Admission Pro Hac Vice of Lisa H. Bebchick filed by PETER WHITTINGTON DRUM on behalf of AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE (Total admission fee $ 100 receipt number 0100-2004654.) (DRUM, PETER) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
29

CERTIFICATION for Admission Pro Hac Vice of Thomas N. Bulleit filed by PETER WHITTINGTON DRUM on behalf of AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE (Total admission fee $ 100 receipt number 0100-2004655.) (DRUM, PETER) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
30

CERTIFICATION for Admission Pro Hac Vice of Catherine J. Djang filed by PETER WHITTINGTON DRUM on behalf of AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE (Total admission fee $ 100 receipt number 0100-2004656.) (DRUM, PETER) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
31

CERTIFICATION for Admission Pro Hac Vice of Haley Eagon filed by PETER WHITTINGTON DRUM on behalf of AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE (Total admission fee $ 100 receipt number 0100-2004657.) (DRUM, PETER) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
32

CERTIFICATION for Admission Pro Hac Vice of Douglas H. Hallward-Driemeier filed by PETER WHITTINGTON DRUM on behalf of AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE (Total admission fee $ 100 receipt number 0100-2004658.) (DRUM, PETER) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
33

CERTIFICATION for Admission Pro Hac Vice of Daniel W. Richards filed by PETER WHITTINGTON DRUM on behalf of AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE (Total admission fee $ 100 receipt number 0100-2004659.) (DRUM, PETER) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER

Set Deadlines Regarding Certification for Admission Pro Hac Vice : Attorney MADISON CONDON and JASON SCHWARTZ shall register for the District of Maine's Electronic Case Filing (ECF) System by 4/18/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (jwr)

April 11, 2019

April 11, 2019

PACER
34

ADDITIONAL ATTACHMENTS filed by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE re 28 Certification for Admission Pro Hac Vice, Attachment A. Main Document: Lisa H. Bebchick, Attachment A, pro hac vice certification. (DRUM, PETER) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
35

ADDITIONAL ATTACHMENTS filed by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE re 29 Certification for Admission Pro Hac Vice, Attachment A. Main Document: Thomas N. Bulleit, Attachment A, pro hac vice certification. (DRUM, PETER) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
36

ADDITIONAL ATTACHMENTS filed by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE re 30 Certification for Admission Pro Hac Vice, Attachment A. Main Document: Catherine J. Djang, Attachment A, pro hac vice certification. (DRUM, PETER) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
37

ADDITIONAL ATTACHMENTS filed by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE re 32 Certification for Admission Pro Hac Vice, Attachment A. Main Document: Douglas H. Hallward- Driemeier, Attachment A, pro hac vice certification. (DRUM, PETER) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
38

ADDITIONAL ATTACHMENTS filed by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, SOCIETY FOR ADOLESCENT HEALTH MEDICINE, SOCIETY FOR MATERNAL-FETAL MEDICINE re 33 Certification for Admission Pro Hac Vice, Attachment A. Main Document: Daniel W. Richards, Attachment A, pro hac vice certification. (DRUM, PETER) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
39

ORDER granting 22 Motion for Leave to File Amicus Curiae Brief ; granting 25 Motion for Leave to File Amicus Brief By JUDGE LANCE E. WALKER. (jwr) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER

Set Deadlines Regarding Certification for Admission Pro Hac Vice : Attorney Lisa Bebchick shall register for the District of Maine's Electronic Case Filing (ECF) System by 4/18/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (jwr)

April 12, 2019

April 12, 2019

PACER

Order on Motion for Leave to File

April 12, 2019

April 12, 2019

PACER

Set Deadlines Regarding Certifications for Admission Pro Hac Vice, : Attorney Thomas Bulleit, Catherine Djang, Haley Eagon, Douglas Hallward-Driemeier and Daniel Richards shall register for the District of Maine's Electronic Case Filing (ECF) System by 4/18/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (jwr)

April 12, 2019

April 12, 2019

PACER
40

CERTIFICATION for Admission Pro Hac Vice of Benjamin M. Flowers filed by BENJAMIN M. FLOWERS on behalf of STATE OF OHIO, STATE OF ALABAMA, STATE OF ARKANSAS, STATE OF INDIANA, STATE OF KENTUCKY, STATE OF LOUISIANA, STATE OF MISSOURI, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TENNESSEE and STATE OF TEXAS (Total admission fee $ 100 receipt number 0100-2005538.) (FLOWERS, BENJAMIN) Modified on 4/15/2019 to clean-up docket text (jwr). (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
41

NOTICE of Appearance by PATRICK N. STRAWBRIDGE on behalf of STATE OF ALABAMA, STATE OF ARKANSAS, STATE OF INDIANA, STATE OF KENTUCKY, STATE OF LOUISIANA, STATE OF MISSOURI, STATE OF OHIO, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TENNESSEE, STATE OF TEXAS, STATE OF KANSAS (STRAWBRIDGE, PATRICK) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
42

Unopposed MOTION for Leave to File Amicus Brief Supporting United States in Opposing Preliminary Junction by STATE OF ALABAMA, STATE OF ARKANSAS, STATE OF INDIANA, STATE OF KENTUCKY, STATE OF LOUISIANA, STATE OF MISSOURI, STATE OF OHIO, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TENNESSEE, STATE OF TEXAS, STATE OF KANSAS Responses due by 5/6/2019. (Attachments: # 1 Exhibit Proposed Amicus Brief)(STRAWBRIDGE, PATRICK) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
43

MOTION for Leave to File Amicus Brief by MEMBERS OF CONGRESS Responses due by 5/6/2019. (Attachments: # 1 Exhibit Exh A- Proposed Brief of Amici Curiae)(BABER, BRETT) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
44

CERTIFICATION for Admission Pro Hac Vice of Kevin H. Theriot filed by BRETT D. BABER on behalf of MEMBERS OF CONGRESS (Total admission fee $ 100 receipt number 0100-2005815.) (BABER, BRETT) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
45

CERTIFICATION for Admission Pro Hac Vice of Denise M. Burke filed by BRETT D. BABER on behalf of MEMBERS OF CONGRESS (Total admission fee $ 100 receipt number 0100-2005816.) (BABER, BRETT) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
46

CERTIFICATION for Admission Pro Hac Vice of Elissa M. Graves filed by BRETT D. BABER on behalf of MEMBERS OF CONGRESS (Total admission fee $ 100 receipt number 0100-2005817.) (BABER, BRETT) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
47

CERTIFICATION for Admission Pro Hac Vice of David A. Cortman filed by BRETT D. BABER on behalf of MEMBERS OF CONGRESS (Total admission fee $ 100 receipt number 0100-2005818.) (BABER, BRETT) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
48

RESPONSE in Opposition re 17 MOTION for Preliminary Injunction filed by ALEX M AZAR, II, DIANE FOLEY, MD, OFFICE OF POPULATION AFFAIRS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Reply due by 4/29/2019. (MERRITT, ROBERT) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
49

ORDER granting 42 Motion for Leave to File Amicus Brief Supporting United States in Opposing Preliminary Injunction By JUDGE LANCE E. WALKER. (jwr) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
50

ORDER granting 43 Motion for Leave to File Amicus Brief By JUDGE LANCE E. WALKER. (jwr) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER

Reset Deadlines as to 17 MOTION for Preliminary Injunction per 12 Order: Reply due by 4/23/2019. (jwr)

April 16, 2019

April 16, 2019

PACER

Order on Motion for Leave to File

April 16, 2019

April 16, 2019

PACER
51

CERTIFICATION for Admission Pro Hac Vice of Rachel Nicole Morrison filed by STEPHEN C. WHITING on behalf of AMERICANS UNITED FOR LIFE (Total admission fee $ 100 receipt number 0100-2007031.) (WHITING, STEPHEN) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
52

CORPORATE DISCLOSURE STATEMENT by AMERICANS UNITED FOR LIFE. (WHITING, STEPHEN) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
53

MOTION for Leave to File Amicus Brief by AMERICANS UNITED FOR LIFE Responses due by 5/8/2019. (WHITING, STEPHEN) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
54

BRIEF Amicus Brief by AMERICANS UNITED FOR LIFE. (WHITING, STEPHEN) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER

Set Deadlines : Attorney Rachel Nicole Morrison shall register for the District of Maine's Electronic Case Filing (ECF) System by 4/24/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (jwr)

April 17, 2019

April 17, 2019

PACER
55

NOTICE of Appearance by BENJAMIN M. FLOWERS on behalf of STATE OF KANSAS (FLOWERS, BENJAMIN) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
56

ORDER granting 53 Motion for Leave to File Amicus Brief By JUDGE LANCE E. WALKER. (jwr) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
57

CERTIFICATION for Admission Pro Hac Vice of Adam S. Hochschild filed by STEPHEN C. WHITING on behalf of Susan B. Anthony List (Total admission fee $ 100 receipt number 0100-2008069.) (WHITING, STEPHEN) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
58

CERTIFICATION for Admission Pro Hac Vice of Sarah E. Pitlyk filed by STEPHEN C. WHITING on behalf of Susan B. Anthony List (Total admission fee $ 100 receipt number 0100-2008097.) (WHITING, STEPHEN) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
59

CORPORATE DISCLOSURE STATEMENT by SUSAN B ANTHONY LIST. (WHITING, STEPHEN) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
60

MOTION for Leave to File Amicus Brief by SUSAN B ANTHONY LIST Responses due by 5/10/2019. (WHITING, STEPHEN) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
61

AMICUS BRIEF by SUSAN B ANTHONY LIST. (WHITING, STEPHEN) Modified on 4/19/2019 to clean up docket text (jwr). (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

RECAP

Set Deadlines : Attorney SARAH E. PITLYK and ADAM S. HOCHSCHILD shall register for the District of Maine's Electronic Case Filing (ECF) System by 4/26/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (jwr)

April 19, 2019

April 19, 2019

PACER

Order on Motion for Leave to File

April 19, 2019

April 19, 2019

PACER
62

ORDER granting 60 Motion for Leave to File Amicus Brief By JUDGE LANCE E. WALKER. (jwr) (Entered: 04/23/2019)

April 22, 2019

April 22, 2019

PACER
63

REPLY to Response to Motion re 17 MOTION for Preliminary Injunction filed by J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE. (O'MEARA, RICHARD) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER

Order on Motion for Leave to File

April 23, 2019

April 23, 2019

PACER
64

Minute Entry for proceedings held before JUDGE LANCE E. WALKER: Motion Hearing held re 17 MOTION for Preliminary Injunction filed by FAMILY PLANNING ASSOCIATION OF MAINE, J DOE, DO, MPH. Matter taken under advisement. Order to issue. (Court Reporter: Melissa Merenberg) (jwr) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
65

WITHDRAWAL of : 17 MOTION for Preliminary Injunction by J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE . (Attachments: # 1 Exhibit Order of E.D. Washington 4-25-19)(O'MEARA, RICHARD) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

Clearinghouse
66

NOTICE/CORRESPONDENCE Re: New HHS Rule by All Defendants (Attachments: # 1 Exhibit A)(MERRITT, ROBERT) (Entered: 05/02/2019)

May 2, 2019

May 2, 2019

PACER
67

Consent MOTION to Extend Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by ALEX M AZAR, II, DIANE FOLEY, MD, OFFICE OF POPULATION AFFAIRS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Responses due by 5/28/2019. (MERRITT, ROBERT) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
68

ORDER granting 67 Consent Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint. By JUDGE LANCE E. WALKER. (jgd) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER

Set Answer Deadline for ALEX M AZAR, II, DIANE FOLEY, MD, OFFICE OF POPULATION AFFAIRS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES per Order #68: Answer due by 6/24/2019. (jgd)

May 7, 2019

May 7, 2019

PACER

Order on Motion for Extension of Time to Answer

May 7, 2019

May 7, 2019

PACER
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion Hearing held on 4/24/2019 before Judge Lance E. Walker. Court Reporter/Transcriber: Melissa Merenberg, Telephone Number: (207) 945-5856. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 8/14/2019. (MERENBERG, MELISSA) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
70

NOTICE/CORRESPONDENCE Re: Letter Sent to Plaintiffs in Obria Group, Inc. v HHS (C.D. California) by All Defendants (Attachments: # 1 Letter to Plaintiffs in Obria v HHS)(RIESS, DANIEL) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
71

Consent MOTION to Extend Time to File Answer re 1 Complaint,, or Otherwise Respond to Plaintiffs' Complaint by ALEX M AZAR, II, DIANE FOLEY, MD, OFFICE OF POPULATION AFFAIRS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Responses due by 7/10/2019. (MERRITT, ROBERT) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
72

ORDER granting 71 Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint By JUDGE LANCE E. WALKER. (jwr) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER

Order on Motion for Extension of Time to Answer

June 20, 2019

June 20, 2019

PACER

Reset Answer Deadline Regarding Order on Motion for Extension of Time to Answer for ALEX M AZAR, II, DIANE FOLEY, MD, OFFICE OF POPULATION AFFAIRS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES : Answer due by 7/24/2019. (jwr)

June 20, 2019

June 20, 2019

PACER
73

MOTION to Reopen Motion for Preliminary Injunction and for Expedited Ruling by J DOE, DO, MPH, FAMILY PLANNING ASSOCIATION OF MAINE Responses due by 7/12/2019. (Attachments: # 1 Exhibit A)(O'MEARA, RICHARD) (Entered: 06/21/2019)

1 Exhibit A

View on PACER

June 21, 2019

June 21, 2019

Clearinghouse

Reset Deadlines per Judge Lance E. Walker as to 73 MOTION to Reopen Motion for Preliminary Injunction and for Expedited Ruling : Responses due by 6/25/2019. No replies permitted. (jwr)

June 21, 2019

June 21, 2019

PACER
74

NOTICE/CORRESPONDENCE Re: Administrative Record by All Defendants (RIESS, DANIEL) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
75

RESPONSE to Motion re 73 MOTION to Reopen Motion for Preliminary Injunction and for Expedited Ruling filed by ALEX M AZAR, II, DIANE FOLEY, MD, OFFICE OF POPULATION AFFAIRS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Reply due by 7/9/2019. (RIESS, DANIEL) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
76

NOTICE/CORRESPONDENCE Re: Recent Decision by All Defendants (Attachments: # 1 Exhibit Fourth Circuit Stay Decision)(RIESS, DANIEL) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
77

DECISION AND ORDER ON MOTION FOR PRELIMINARY INJUNCTION 73 Motion By JUDGE LANCE E. WALKER. (CJD) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

Clearinghouse

Set Deadlines : Attorney David Cortman, Denise Burke, Elissa Graves and Kevin Theriot shall register for the District of Maine's Electronic Case Filing (ECF) System by 7/8/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (jwr)

July 3, 2019

July 3, 2019

PACER

**SECOND REQUEST**Reset Deadlines : Attorney David Cortman, Denise Burke, Elissa Graves and Kevin Theriot shall register for the District of Maine's Electronic Case Filing (ECF) System by 7/16/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (jwr)

July 9, 2019

July 9, 2019

PACER

Case Details

State / Territory: Maine

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: March 6, 2019

Closing Date: Oct. 15, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Maine Family Planning, the largest reproductive health care organization in the state of Maine and its sole Title X family planning program grantee.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Center for Reproductive Rights

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 (- United States (national) -), Federal

Office of Population Affairs (- United States (national) -), Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Reproductive rights:

Facility requirements

Reproductive health care (including birth control, abortion, and others)

General:

Abortion

Type of Facility:

Non-government non-profit