Case: Mayor and City Council of Baltimore v. Azar

1:19-cv-01103 | U.S. District Court for the District of Maryland

Filed Date: April 12, 2019

Closed Date: June 16, 2021

Clearinghouse coding complete

Case Summary

This is a case that challenged a Final Rule adopted by the U.S. Department of Health and Human Services (HHS) during the Trump-Pence administration.  The Rule imposed restrictions on organizations receiving grants pursuant to Title X. The restrictions included a “gag rule” that prohibited recipients of Title X funds from providing their patients with referrals for abortion care, and “separation requirements” mandating that recipients of Title X funds be “physically and financially separate” fro…

This is a case that challenged a Final Rule adopted by the U.S. Department of Health and Human Services (HHS) during the Trump-Pence administration.  The Rule imposed restrictions on organizations receiving grants pursuant to Title X. The restrictions included a “gag rule” that prohibited recipients of Title X funds from providing their patients with referrals for abortion care, and “separation requirements” mandating that recipients of Title X funds be “physically and financially separate” from any person or entity who provided, referred for, or advocated for abortion care. Keeping these funds physically and financially separate included maintaining separate facilities, personnel, medical records, workstations, signage, and public identities.  

On April 12, 2019, the City of Baltimore filed this lawsuit in the United States District Court for the District of Maryland. Represented by private counsel, the City sought a declaratory judgment that the Rule was contrary to the law, a preliminary injunction enjoining the defendant from enforcing the Rule, attorneys’ fees, and any other appropriate relief. The case was assigned to Judge Richard D. Bennett.

The City claimed that the Rule violated the arbitrary and capricious provision of the Administrative Procedures Act (APA) because it was inadequately justified, objectively unreasonable, and adopted without the observance of the proper notice-and-comment procedure required by the APA. The City further claimed the Rule violated the First Amendment and the Equal Protection Clause of the U.S. Constitution because it restricted the speech of healthcare providers, targeted individuals for unlawful discriminatory treatment based on pregnancy, and was unconstitutionally vague. Finally, the City alleged that the Rule violated provisions of the Affordable Care Act (ACA), the Consolidated Appropriations Act of 2018 (CAA), the Religious Freedom and Restoration Act (RFRA), and Title X. 

The City filed a motion for a preliminary injunction on April 16, 2019, which the court granted on May 30, 2019. 392 F.Supp.3d 602. The court held that preliminary injunctive relief was appropriate because the City would likely succeed on the merits of its claim that the Rule violated the ACA and the CAA, the City would likely suffer irreparable harm absent preliminary relief, the balance of equities and public interest favored the injunction, and the injunction was narrowly tailored, limited to enforcement in Maryland. The City asserted that if the Rule was to go into effect, the City would be forced to choose between: complying and forcing its doctors to engage in an unethical practice of medicine, endangering the lives of patients and residents, or withdrawing from Title X and foregoing its financial support. The court found that the City would face irreparable harm as a result of that choice because if the City lost its Title X funding, which was nearly $1.5 million in 2017, even if the City was ultimately successful in this litigation, the lost funds would not be recoverable because HHS enjoyed sovereign immunity that precluded monetary recovery.

On June 6, 2019, HHS appealed the grant of the preliminary injunction, and filed a motion to stay the injunction pending the appeal. The district court denied the stay motion  on June 19, 2019. 2019 WL 252542. But the U.S. Court of Appeals for the Fourth Circuit granted a stay of the preliminary injunction on July 2, 2019. 778 Fed.Appx. 212. While the appeal was pending before the Fourth Circuit, on August 16, 2019, HHS filed in the district court a motion to dismiss the action for failure to state a claim. The district court granted in part and denied in part the motion to dismiss on September 12, 2019. 2019 WL 4415539. The court dismissed two of the City’s claims: that the Rule violated RFRA, and that the Rule was unconstitutionally vague. Regarding the RFRA claim, the court held that City had only made conclusory statements without adequate support to show  how any religious belief was being substantially burdened by the Rule. The court also reasoned that the complaint did not provide sufficient allegations that supported its claim that the Rule was unconstitutionally vague. 

Thereafter, both parties filed motions for summary judgment. The court granted both motions in part and denied both motions in part on February 14, 2020. 439 F.Supp.3d 591. The court held that the HHS’ promulgation of the Rule was arbitrary and capricious, and further held that the challenged provisions of the Rule were not severable from the entire Rule, so that the Rule had to be struck down in its entirety. In light of this, the court issued a permanent injunction restraining enforcement, operation, and execution of the Rule in Maryland. As to the City’s other claims, the court agreed with HHS that it did not violate APA's notice and comment rulemaking requirements,Title X, or the First Amendment. The court also ruled against the City on its claim of unlawful discriminatory treatment based on pregnancy, finding instead that there was a rational basis for HHS to treat men and women differently under the Rule, because the Rule was based on the simple fact that only women can get pregnant. HHS submitted an appeal of the court’s order ten days later, on February 24, 2020.

The Fourth Circuit consolidated the appeals of both the preliminary and permanent injunctions on March 27, 2020. 799 Fed.Appx. 193. A few months later, on September 3, 2020, the Fourth Circuit issued a decision affirming the District Court’s permanent injunction. The appellate court upheld the injunction on two grounds: first, the Rule was promulgated in an arbitrary and capricious manner because it failed to recognize and address the ethical concerns of almost every major medical organization in the country, and because it arbitrarily estimated the cost of the physical separation of abortion services. Second, the “gag rule” provision of the Rule prohibited referrals for abortion care. Non-directive pregnancy counseling required the presentation of neutral and factual information about all legal and medical options for pregnancy, including abortion, and required nondirective referrals for particular pregnancy services at the request of the patient. The Fourth Circuit held that the “gag rule” contravened statutory provisions that required non-directive pregnancy counseling in Title X programs, and provisions that prohibited interference with physician/patient communications. Because the Court upheld the permanent injunction, the June 2019 appeal of the preliminary injunction was dismissed. 

On February 22, 2021, the Supreme Court granted HHS’s petition to review the case and consolidated it for oral argument with other cases that had arisen in the  Ninth Circuit and that challenged the Rule. But after the Biden-Harris administration announced its intention to repeal the Rule, the Supreme Court dismissed the case. The district court entered final judgment in the case on June 16, 2021. The final judgment: dismissed without prejudice as to the ACA and CAA claims; granted judgment in favor of the City as to the "inadequately justified" and "objectively unreasonable" APA claims; and granted judgment in favor of HHS as to the Title X, First Amendment, Equal Protection, and APA notice and comment claims. The case is now closed.

A new Title X Rule took effect on November 8, 2021, which explicitly repealed the Rule challenged in this action.

Summary Authors

Simran Takhar (7/10/2023)

Related Cases

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

Family Planning Association of Maine v. U.S. Department of Health and Human Services, District of Maine (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14927019/parties/mayor-and-city-council-of-baltimore-v-azar/


Attorney for Plaintiff

Davis, Andre M (Maryland)

Harker, Drew A (Maryland)

Attorney for Defendant
Expert/Monitor/Master/Other

Consovoy, William S. (Maryland)

Cox, Daniel Lewis (Maryland)

Ference-Burke, Jonathan Robert (Maryland)

show all people

Documents in the Clearinghouse

Document
1

1:19-cv-01103

Complaint for Vacatur of Unlawful Agency Rule and Declaratory and Injunctive Relief

April 12, 2019

April 12, 2019

Complaint
43

1:19-cv-01103

Memorandum Opinion

May 30, 2019

May 30, 2019

Order/Opinion

392 F.Supp.3d 392

74

1:19-cv-01103

Memorandum Opinion

Sept. 12, 2019

Sept. 12, 2019

Order/Opinion

2019 WL 2019

93

1:19-cv-01103

Memorandum Opinion

Feb. 14, 2020

Feb. 14, 2020

Order/Opinion

439 F.Supp.3d 439

153

19-01614

USCA Opinion

U.S. Court of Appeals for the Fourth Circuit

Sept. 3, 2020

Sept. 3, 2020

Order/Opinion

973 F.3d 973

130

1:19-cv-01103

Order

June 16, 2021

June 16, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14927019/mayor-and-city-council-of-baltimore-v-azar/

Last updated April 7, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-7949439.), filed by Mayor and City Council Of Baltimore. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summonses (4))(Himelfarb, Allyson) (Entered: 04/12/2019)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Summons Summonses (4)

View on PACER

April 12, 2019

April 12, 2019

Clearinghouse
2

QC NOTICE: 1 Complaint, filed by Mayor and City Council Of Baltimore was filed incorrectly. **The following attachments or exhibits are missing - Summons for the U.S. Attorney and Summons for the U.S. Attorney General. To correct this problem, file Summons for the U.S. Attorney and Summons for the U.S. Attorney General using the event Notice (Other) and link Summons for the U.S. Attorney and Summons for the U.S. Attorney General to 1 Complaint. (ds3, Deputy Clerk) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
3

NOTICE by Mayor and City Council Of Baltimore re 1 Complaint, Summons for the U.S. Attorney and Summons for the U.S. Attorney General (Attachments: # 1 Summons)(Himelfarb, Allyson) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
4

Summons Issued 60 days as to Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services, U.S. Attorney and U.S. Attorney General (jnls, Deputy Clerk) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
5

MOTION to Appear Pro Hac Vice for Andrew Tutt (Filing fee $100, receipt number 0416-7953483.) by Mayor and City Council Of Baltimore(Himelfarb, Allyson) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
6

MOTION to Appear Pro Hac Vice for Drew Harker (Filing fee $100, receipt number 0416-7953520.) by Mayor and City Council Of Baltimore(Himelfarb, Allyson) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
7

MOTION to Appear Pro Hac Vice for Marisa White (Filing fee $100, receipt number 0416-7953534.) by Mayor and City Council Of Baltimore(Himelfarb, Allyson) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
8

MOTION to Appear Pro Hac Vice for Priscilla J. Smith (Filing fee $100, receipt number 0416-7953547.) by Mayor and City Council Of Baltimore(Himelfarb, Allyson) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
9

MOTION to Appear Pro Hac Vice for Faren M. Tang (Filing fee $100, receipt number 0416-7953556.) by Mayor and City Council Of Baltimore(Himelfarb, Allyson) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
10

MOTION to Appear Pro Hac Vice for Stephanie Toti (Filing fee $100, receipt number 0416-7953561.) by Mayor and City Council Of Baltimore(Himelfarb, Allyson) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
11

MOTION for Preliminary Injunction by Mayor and City Council Of Baltimore (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Martha Bailey, # 3 Affidavit of Kathryn Kost, # 4 Affidavit of Claire D. Brindis, # 5 Affidavit of Matthew K. Wynia, # 6 Affidavit of Cynthia Mobley, # 7 Affidavit of Charlotte Hager, # 8 Affidavit of Letitia Dzirasa, # 9 Affidavit of Judy Kimelman, # 10 Text of Proposed Order)(Davis, Andre) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
12

NOTICE of Appearance by Suzanne Sangree on behalf of All Plaintiffs (Sangree, Suzanne) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
13

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Andrew T Tutt. Directing attorney Andrew T Tutt to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 4/18/2019. (srds, Deputy Clerk) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
14

PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Drew A Harker. Directing attorney Drew A Harker to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/18/2019. (srds, Deputy Clerk) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
15

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Marisa White. Directing attorney Marisa White to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/18/2019. (srds, Deputy Clerk) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
16

PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Priscilla Joyce Smith. Directing attorney Priscilla Joyce Smith to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/18/2019. (srds, Deputy Clerk) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
17

PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice on behalf of Faren M Tang. Directing attorney Faren M Tang to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/18/2019. (srds, Deputy Clerk) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
18

PAPERLESS ORDER granting 10 Motion to Appear Pro Hac Vice on behalf of Stephanie Toti. Attorney Stephanie Toti will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 4/18/2019. (srds, Deputy Clerk) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
19

Joint MOTION for Other Relief Re: [ECF No. 11] to Set a Briefing Schedule and Hearing for Plaintiff's Motion for Preliminary Injunction by Mayor and City Council Of Baltimore (Attachments: # 1 Text of Proposed Order)(Davis, Andre) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
20

ORDER Setting a Briefing Schedule and Hearing for Plaintiff's Motion for Preliminary Injunction. Signed by Judge Richard D. Bennett on 4/19/2019. (jnls, Deputy Clerk) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
21

NOTICE of Appearance by Tarra DeShields Minnis on behalf of All Defendants (DeShields Minnis, Tarra) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
22

Joint MOTION for Leave to File Excess Pages by Alex M. Azar, II (Attachments: # 1 Text of Proposed Order)(DeShields Minnis, Tarra) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
23

NOTICE of Appearance by Robert Charles Merritt on behalf of All Defendants (Merritt, Robert) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
24

ORDER granting 22 Motion for Leave to File Excess Pages. Signed by Judge Richard D. Bennett on 4/24/2019. (cags, Deputy Clerk) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
25

RESPONSE in Opposition re 11 MOTION for Preliminary Injunction filed by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services.(Merritt, Robert) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
26

MOTION to Appear Pro Hac Vice for Sarah E. Pitlyk (Filing fee $100, receipt number 0416-7975829.) by Susan B Anthony List(Cox, Daniel) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
27

MOTION to Appear Pro Hac Vice for Adam Hochschild (Filing fee $100, receipt number 0416-7975831.) by Susan B Anthony List(Cox, Daniel) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
28

Consent MOTION for Leave to File BRIEF OF AMICUS CURIAE ON BEHALF OF SUSAN B. ANTHONY LIST IN SUPPORT OF DEFENDANTS by Susan B Anthony List (Attachments: # 1 Attachment BRIEF OF AMICUS CURIAE SUSAN B. ANTHONY LIST IN SUPPORT OF DEFENDANTS)(Cox, Daniel) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
29

MARGINAL ORDER granting 28 Motion for Leave to File Brief Of Amicus Curiae. Signed by Judge Richard D. Bennett on 4/26/2019. (cags, Deputy Clerk) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
30

Statement of Interest of Amicus (cags, Deputy Clerk) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
31

Amicus Curiae APPEARANCE entered by William S. Consovoy on behalf of Ohio, Alabama, Arkansas, Indiana, Kansas, Kentucky (by and through its Governor), Louisiana, Missouri, Nebraska, Oklahoma, South Carolina, Tennessee, Texas(Consovoy, William) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
32

MOTION to Appear Pro Hac Vice for Benjamin M. Flowers (Filing fee $100, receipt number 0416-7978153.) by Alabama, Arkansas, Indiana, Kansas, Kentucky (by and through its Governor), Louisiana, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas(Consovoy, William) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
33

Consent MOTION for Leave to File Amicus Curiae Brief Supporting United States in Opposing a Preliminary Injunction by Alabama, Arkansas, Indiana, Kansas, Kentucky (by and through its Governor), Louisiana, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas (Attachments: # 1 States' Amicus Brief)(Consovoy, William) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
34

REPLY to Response to Motion re 11 MOTION for Preliminary Injunction filed by Mayor and City Council Of Baltimore.(Davis, Andre) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
35

ORDER granting 33 Consent MOTION for Leave to File Amicus Curiae Brief Supporting United States in Opposing a Preliminary Injunction by Alabama, Arkansas, Indiana, Kansas, Kentucky (by and through its Governor), Louisiana, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas. Signed by Judge Richard D. Bennett on 4/29/2019. (jnls, Deputy Clerk) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
36

Statement of Interest of Amicus (jnls, Deputy Clerk) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
37

Preliminary Injunction Hearing held on 4/30/2019 before Judge Richard D. Bennett.(Court Reporter: Martin Giordano) (J. Herndons, Deputy Clerk) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
38

PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice on behalf of Sarah Pitlyk. Directing attorney Sarah Pitlyk to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/1/2019. (srd, Deputy Clerk) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
39

PAPERLESS ORDER granting 27 Motion to Appear Pro Hac Vice on behalf of Adam Hochschild. Directing attorney Adam Hochschild to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/1/2019. (srd, Deputy Clerk) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
40

QC NOTICE: 32 Motion to Appear Pro Hac Vice, filed by Texas, Indiana, Nebraska, Alabama, Tennessee, Arkansas, Oklahoma, South Carolina, Louisiana, Kentucky (by and through its Governor), Ohio, Missouri, Kansas needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
41

SUMMONS Returned Executed by Mayor and City Council Of Baltimore. All Defendants. (Attachments: # 1 Declaration of Shemaiah Strickland)(Davis, Andre) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
42

NOTICE by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Attachments: # 1 Exhibit A)(Merritt, Robert) (Entered: 05/02/2019)

May 2, 2019

May 2, 2019

PACER
43

MEMORANDUM OPINION. Signed by Judge Richard D. Bennett on 5/30/2019. (jnls, Deputy Clerk) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

Clearinghouse
44

ORDER granting 11 Motion of Plaintiff for Preliminary Injunction. Signed by Judge Richard D. Bennett on 5/30/2019. (jnls, Deputy Clerk) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

RECAP
45

NOTICE of Appearance by Bradley Philip Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
46

MOTION to Withdraw as Attorney Allyson Himelfarb by Mayor and City Council Of Baltimore (Attachments: # 1 Text of Proposed Order)(Tutt, Andrew) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
47

ORDER granting 46 Motion to Withdraw as Attorney. Attorney Allyson Tracey Himelfarb terminated. Signed by Judge Richard D. Bennett on 6/6/2019. (jnls, Deputy Clerk) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
48

NOTICE OF INTERLOCUTORY APPEAL as to 44 Order on Motion for Preliminary Injunction by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services. (Humphreys, Bradley) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
49

MOTION to Stay re 44 Order on Motion for Preliminary Injunction Pending Appeal by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Attachments: # 1 Memorandum in Support, # 2 Affidavit)(Humphreys, Bradley) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
50

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 48 Notice of Interlocutory Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(ko, Deputy Clerk) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER
51

USCA Case Number 19-1614 for 48 Notice of Interlocutory Appeal filed by Diane Foley, M.D., United States Department of Health and Human Services, Office of Population Affairs, Alex M. Azar, II - Case Manager - Jennifer Rice. (slss, Deputy Clerk) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
52

NOTICE by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Humphreys, Bradley) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
53

Consent MOTION for Extension of Time to File Answer or Other Responsive Pleading by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
54

ORDER granting 53 Motion for Extension of Time to Answer. Signed by Judge Richard D. Bennett on 6/14/2019. (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
55

RESPONSE in Opposition re 49 MOTION to Stay re 44 Order on Motion for Preliminary Injunction Pending Appeal filed by Mayor and City Council Of Baltimore.(Tutt, Andrew) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
56

MEMORANDUM ORDER denying 49 Motion of Defendants for Stay of Injunction Pending Appeal. Signed by Judge Richard D. Bennett on 6/19/2019. (jnls, Deputy Clerk) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

RECAP
57

NOTICE of filing Administrative Record by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Humphreys, Bradley) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
58

ORDER of USCA "Granting" motion to stay the District Court's preliminary injunction pending appeal as to 48 Notice of Interlocutory Appeal filed by Diane Foley, M.D., United States Department of Health and Human Services, Office of Population Affairs, Alex M. Azar, II. (slss, Deputy Clerk) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

RECAP
59

STATUS REPORT and Proposed Schedule for Further Proceedings by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services(Merritt, Robert) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
60

MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiff's Complaint by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services(Merritt, Robert) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
61

MEMORANDUM ORDER granting in part and denying in part 60 Partially Opposed Motion of defendants for Extension of Time to Answer. Signed by Judge Richard D. Bennett on 7/16/2019. (jnls, Deputy Clerk) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

RECAP
62

MOTION to Stay Proceedings Pending Appeal by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Attachments: # 1 Memorandum in Support)(Merritt, Robert) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
63

RESPONSE in Opposition re 62 MOTION to Stay Proceedings Pending Appeal filed by Mayor and City Council Of Baltimore. (Attachments: # 1 Exhibit A. Email from HHS to Grantees, # 2 Exhibit B. Relevant Maryland Attorney General Opinions, # 3 Exhibit C. Relevant Excerpts of the Administrative Record)(Tutt, Andrew) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
64

REPLY to Response to Motion re 62 MOTION to Stay Proceedings Pending Appeal filed by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services.(Merritt, Robert) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER
65

NOTICE of Appearance by Jane Hannah Lewis on behalf of Mayor and City Council Of Baltimore (Lewis, Jane) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
66

Joint MOTION for Leave to File Excess Pages by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER
67

MOTION to Dismiss for Failure to State a Claim by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Attachments: # 1 Memorandum in Support)(Merritt, Robert) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

PACER
68

ORDER granting 66 Joint MOTION for Leave to File Excess Pages by Alex M. Azar, et al. Signed by Judge Richard D. Bennett on 8/19/2019. (ol, Deputy Clerk) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

PACER
69

Motion Hearing held on 8/20/2019 re 62 MOTION to Stay Proceedings Pending Appeal filed by Diane Foley, M.D., United States Department of Health and Human Services, Office of Population Affairs, Alex M. Azar, II before Judge Richard D. Bennett.(Court Reporter: Martin Giordano) (mds, Deputy Clerk) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
70

ORDER denying 62 Motion to Stay Proceedings Pending Appeal. Signed by Judge Richard D. Bennett on 8/20/2019. (ol, Deputy Clerk) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

RECAP
71

RESPONSE re 67 MOTION to Dismiss for Failure to State a Claim filed by Mayor and City Council Of Baltimore.(Davis, Andre) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

PACER
72

REPLY to Response to Motion re 67 MOTION to Dismiss for Failure to State a Claim filed by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services.(Merritt, Robert) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
73

ORDER of USCA "Denying" petition for rehearing en banc as to 48 Notice of Interlocutory Appeal filed by Diane Foley, M.D., United States Department of Health and Human Services, Office of Population Affairs, Alex M. Azar, II. (slss, Deputy Clerk) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
74

MEMORANDUM ORDER granting in part and denying in part 67 Defendants' Motion to Dismiss for Failure to State a Claim. Signed by Judge Richard D. Bennett on 9/12/2019. (ol, Deputy Clerk) (Entered: 09/13/2019)

Sept. 12, 2019

Sept. 12, 2019

Clearinghouse
75

STATUS REPORT PROPOSED SCHEDULES FOR FURTHER PROCEEDINGS by Mayor and City Council Of Baltimore(Tutt, Andrew) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
76

ORDER re: Summary Judgment Briefing Schedule. Signed by Judge Richard D. Bennett on 9/25/2019. (ol, Deputy Clerk) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

RECAP
77

NOTICE by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services of Filing of Lengthy Document (Merritt, Robert) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
78

Consent MOTION for Other Relief for an Order Authorizing Defendants to File Administrative Record Electronically by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
79

ORDER granting 78 Motion for an Order Authorizing Defendants to File Administrative Record Electronically. Signed by Judge Richard D. Bennett on 10/16/2019. (ols, Deputy Clerk) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
80

NOTICE of filing Administrative Record by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (CD received 10/17/2019) (ols, Deputy Clerk) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
81

MOTION for Summary Judgment by Mayor and City Council Of Baltimore (Attachments: # 1 Memorandum in Support, # 2 Attachment)(Davis, Andre) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
82

MOTION for Summary Judgment by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Attachments: # 1 Memorandum in Support)(Humphreys, Bradley) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
83

RESPONSE to Motion re 81 MOTION for Summary Judgment filed by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services.(Humphreys, Bradley) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
84

RESPONSE in Opposition re 82 MOTION for Summary Judgment, REPLY to Response to Motion re 81 MOTION for Summary Judgment filed by Mayor and City Council Of Baltimore.(Davis, Andre) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
85

MOTION to Withdraw as Attorney by Susan B Anthony List (Attachments: # 1 Text of Proposed Order)(Cox, Daniel) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
86

ORDER granting 85 Motion to Withdraw as Attorney. Attorney Sarah E Pitlyk terminated. Signed by Judge Richard D. Bennett on 12/4/2019. (ols, Deputy Clerk) (Entered: 12/05/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
87

Consent MOTION for Leave to File (Consented Motion for Leave to File an Amicus Brief in Support of Plaintiffs Motion for Summary Judgment and in Support of Plaintiffs Opposition to Defendants Cross-Motion for Summary Judgment; or Alternatively to File an Amicus Brief in Support of Plaintiffs Opposition to Defendants Cross-Motion for Summary Judgment) by American College of Obstetricians and Gynecologists, American Academy of Pediatrics, American College of Physicians, Society for Maternal-Fetal Medicine (Attachments: # 1 Attachment Amicus Brief of American College of Obstetricians and Gynecologists et al. in Support of Plaintiff's Motion for Summary Judgment and in Support of Plaintiff's Opposition to Defendants' Cross-Motion for Summary Judgment; or Alternatively in Support of Plaintiff's Opposition to Defendant's Cross Motion for Summary Judgment)(Ference-Burke, Jonathan) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
88

MARGINAL ORDER granting 87 Plaintiff's Motion for Leave to File Amicus Brief. Signed by Judge Richard D. Bennett on 12/10/2019. (ols, Deputy Clerk) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
89

AMICUS BRIEF in Support of 81 Plaintiff's Motion for Summary Judgment and in Support of 84 Plaintiff's Opposition to 82 Defendant's Cross-Motion for Summary Judgment; or Alternatively in Support of Plaintiff's Opposition to Defendant's Cross Motion for Summary Judgment filed by American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, Society for Maternal-Fetal Medicine. (ols, Deputy Clerk) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
90

REPLY to Response to Motion re 82 MOTION for Summary Judgment filed by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services.(Merritt, Robert) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
91

Motion Hearing held on 1/27/2020 re 82 MOTION for Summary Judgment filed by Diane Foley, M.D., United States Department of Health and Human Services, Office of Population Affairs, Alex M. Azar, II, 81 MOTION for Summary Judgment filed by Mayor and City Council Of Baltimore before Judge Richard D. Bennett.(Court Reporter: Nadine Gazic) (kmts, Deputy Clerk) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
92

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01/27/2020, before Judge Bennett. Court Reporter N. Gazic, Telephone number 410-962-4753. Total number of pages filed: 54. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 2/24/2020. Redacted Transcript Deadline set for 3/5/2020. Release of Transcript Restriction set for 5/4/2020.(ng, Court Reporter) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
93

MEMORANDUM OPINION Signed by Judge Richard D. Bennett on 2/14/2020. (cags, Deputy Clerk) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

Clearinghouse
94

ORDER granting in part and denying in part 81 Plaintiff's Motion for Summary Judgment; granting in part and denying in part 82 Defendants' Motion for Summary Judgment; Entering Judgment in favor of Plaintiff with respect to Counts VII and VIII; Entering Judgment in favor of Defendants with respect to Counts III, V, VI,and IX; The Defendants, and all other officers, agents, employees and attorneys of the Department of Health and Human Services, are PERMANENTLY ENJOINED in the State of Maryland from implementing or enforcing the Health and Human Services Final Rule, entitled Compliance with Statutory Program Integrity Requirements, 84 Fed. Reg. 7,714 (Mar. 4, 2019), codified at 42 C.F.R. Part 59. The permanent injunction shall take effect immediately. Signed by Judge Richard D. Bennett on 2/14/2020. (cags, Deputy Clerk) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
95

NOTICE OF APPEAL as to 94 Order on Motion for Summary Judgment, 93 Memorandum Opinion by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services.(Fee Status: Filing Fee Not Required) (Humphreys, Bradley) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
96

MOTION To Clarify the Judgment re 94 Order on Motion for Summary Judgment,,,,,,, 93 Memorandum Opinion by Mayor and City Council Of Baltimore(Davis, Andre) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

RECAP
97

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 95 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER
98

USCA Case Number 20-1215 for 95 Notice of Appeal, filed by Diane Foley, M.D., United States Department of Health and Human Services, Office of Population Affairs, Alex M. Azar, II - Case Manager - Jennifer Rice. (slss, Deputy Clerk) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER
99

ORDER granting 96 Plaintiff's Motion to Clarify the Judgment; Specifically, the Court clarifies that 93 its February 14, 2020 Memorandum Opinion and 94 Order VACATED AND SET ASIDE IN THE STATE OF MARYLAND the Health and Human Services Final Rule, entitled Compliance with Statutory Program Integrity Requirements, 84 Fed. Reg. 7,714 (Mar. 4, 2019), codified at 42 C.F.R. Part 59. Signed by Judge Richard D. Bennett on 2/26/2020. (ols, Deputy Clerk) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

RECAP
100

MOTION to Stay re 94 Order on Motion for Summary Judgment,,,,,,, 99 Order on Motion for Miscellaneous Relief, Judgment Pending Appeal by Alex M. Azar, II, Diane Foley, M.D., Office of Population Affairs, United States Department of Health and Human Services (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of David Johnson)(Merritt, Robert) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: April 12, 2019

Closing Date: June 16, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The City of Baltimore

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Health and Human Services (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2020 - None

Issues

General/Misc.:

Counseling

Funding

Public assistance grants

Record-keeping

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Pregnancy discrimination

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Abortion

Facility requirements

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