Case: City of Columbus v. Kennedy

1:25-cv-02114 | U.S. District Court for the District of Maryland

Filed Date: July 1, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged a rule published by the Centers for Medicare & Medicaid Services (CMS) that allegedly endangered 24 million Americans' health coverage under the Affordable Care Act (ACA). CMS, which is a subagency of the U.S. Department of Health and Human Services (HHS), proposed the challenged rule in March 2025, soon after the Trump Administration took office. The rule, entitled "Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability," allegedly added severa…

This case challenged a rule published by the Centers for Medicare & Medicaid Services (CMS) that allegedly endangered 24 million Americans' health coverage under the Affordable Care Act (ACA). CMS, which is a subagency of the U.S. Department of Health and Human Services (HHS), proposed the challenged rule in March 2025, soon after the Trump Administration took office. The rule, entitled "Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability," allegedly added several roadblocks to the acquisition of ACA health insurance; these included new fees, reductions in the enrollment period, and even a revocation of the ACA's central promise that any American can purchase health insurance. Plaintiffs alleged that defendants' actions violated the Administrative Procedure Act (APA).

Plaintiffs the City of Columbus, the Mayor and City Council of Baltimore, the City of Chicago, Doctors for America, and the Main Street Alliance filed this lawsuit on July 1, 2025, in the U.S. District Court for the District of Maryland. The lawsuit named HHS, its Secretary, CMS, and its Administrator as defendants. Plaintiffs were represented by Democracy Forward. Plaintiffs sought a declaration that the CMS rule was unlawful under the APA; vacatur of the rule; a stay of, and preliminary and permanent injunctions against, the rule's enforcement; and attorneys' fees. The case was assigned to Judge Brendan Abell Hurson.

On July 2, 2025, plaintiffs filed a motion requesting a stay, or alternatively a preliminary injunction, of the new CMS rule. The municipal plaintiffs argued that as healthcare providers of last resort for those who lose insurance under the new rule, the rule would bestow a heavy financial burden on them. The organizational plaintiffs argued that the rule would make it harder for them to pay their employees or to receive adequate compensation for healthcare services rendered.

The court held a hearing on the requested preliminary injunction on August 14, 2025. On August 22, 2025, it issued an order granting in part and denying in part the plaintiffs' motion and entering a stay enjoining certain provisions of the CMS rule that were to take effect on August 25. 2025 WL 2426382. It reasoned that the plaintiffs had shown a likelihood of success on the merits of their challenges to seven provisions of the rule, but that they failed to show likelihood of success on the merits sufficient to warrant preliminary relief as to their remaining challenges to two other provisions of the rule. As to the seven, the plaintiffs had also shown that they faced irreparable harm – economic harms that could not adequately be remedied at the conclusion of litigation –  and that the balance of the equities and the public interest weighed in favor of a stay.  

First, the court found that Main Street Alliance and the city plaintiffs had standing based on the increased premiums and uncompensated care costs that would be "predictable results" of the challenged provisions. Next, it addressed the plaintiffs’ likelihood of success on the merits of their claims across three categories: (1) challenges to provisions that eroded the value of coverage, including a provision imposing a $5 monthly surcharge to reconfirm eligibility, a provision revising the premium adjustment methodology, and a provision revising the actuarial value policy; (2) challenges to provisions that imposed barriers on enrollment, including a provision requiring enrollees to pay past-due premiums before receiving new coverage and a provision adding verification requirements for some enrollments; and (3) challenges to provisions that limited the availability of subsidized coverage, including a provision re-instituting a policy regarding failure-to-reconcile tax data and two provisions requiring heightened income verification under certain circumstances.  As to the first category, the court held that CMS lacked authority to impose the challenged fees, which were untethered to the statutory formula, and that plaintiffs were likely to succeed on their claim that the agency acted in an arbitrary and capricious manner by revising the actuarial value policy because it provided an insufficient and conclusory rationale for the changes. However, the court concluded that plaintiffs were unlikely to succeed on their claim that the provision revising premium adjustment methodology was arbitrary and capricious because the agency provided the necessary and reasoned explanation for the changes. As to the second category, the court held that plaintiffs were likely to succeed on their challenge to past-due payment requirements, because the agency was not authorized to create a new exception to the ACA’s categorical guaranteed-issue rule, and to the verification requirements provision because defendants’ rationale for imposing the requirements was not indicative of reasoned decision-making. As to the third category, the court first held that plain text of the ACA contradicted the agency’s failure-to-reconcile provision, and therefore that plaintiffs were likely to succeed on their claim that the provision was imposed contrary to law. Next considering the agency’s decision to rescind an automatic 60-day extension to reconcile income verification data, the court concluded that the plaintiffs had failed to show that the agency had misinterpreted its modification authority. The court did find, however, that the plaintiffs were likely to succeed on the merits of their claim that the agency acted arbitrarily by instituting additional verification requirements for income below the federal poverty line and by rescinding a regulation requiring acceptance of self-attestation of projected household income because those changes were made without sufficient data justifying the need to impose them and in light of the agency’s circular reasoning and conclusory statements offered in support of the changes.

Ultimately, the court held that the appropriate course of action was to temporarily stay the seven challenged provisions as to which it found likelihood of success on the merits, postponing the effective date until final resolution of the lawsuit.  It reasoned that the U.S. Supreme Court’s recent decision in  CASA  did not preclude such relief, because that decision did not limit a court’s ability to preliminarily set aside new agency rules under the APA. On August 25, 2025, the plaintiffs filed an unopposed motion to clarify the scope of the preliminary injunction, which the court granted that same day, amending its August 22, 2025 order as clarified to order that the effective dates of the following provisions of the rule were stayed pending resolution of the merits of the case:

  • The imposition of a $5 premium penalty on automatic re-enrollees, through the addition of 45 C.F.R. § 155.335(a)(3) and (n) and revisions to 45 C.F.R. § 155.330(j);
  • The revocation of guaranteed insurance coverage for individuals with past-due premiums, through revisions to 45 C.F.R. § 147.104(i);
  • The failure to reconcile policy in 45 C.F.R. § 155.305(f)(4), including the final rule’s amendments to that policy through the addition of 45 C.F.R. § 155.305(f)(4)(iii);
  • The imposition of eligibility verification for the special enrollment period, through the revisions to 45 C.F.R. § 155.420(g);
  • The imposition of a requirement that Exchanges verify household income inconsistencies when a tax filer’s attested projected annual household income differs from “trusted data sources,” through revisions to 45 C.F.R. § 155.320(c)(3)(iii) and the addition of 45 C.F.R. § 155.320(c)(3)(vi)(C)(2);
  • The changes to the de minimis ranges for actuarial value calculations, through revisions to 45 C.F.R. §§ 156.140(c), 156.200(b)(3), and 156.400;
  • The changes to the policy regarding self-attestation of projected income, through revisions to 45 C.F.R. § 155.320(c)(5).

The effective dates of the following provisions were not stayed:

  • The change to the measure for calculating the premium adjustment percentage set forth in 90 Fed. Reg. 27,166 through 27,178;
  • The elimination of the 60-day extension of time to resolve inconsistencies in household income data, through the removal of 45 C.F.R. § 155.315(f)(7) and revisions to 45 C.F.R. § 155.320(c)(5).

This case is ongoing.

Summary Authors

Matt Petrillo (7/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70684987/parties/city-of-columbus-v-kennedy/


Attorney for Plaintiff

Coogl, Christine L (Maryland)

McElvain, Joel L (Maryland)

Robinson, Cortney R (Maryland)

Attorney for Defendant

Sherwood, Zachary W. (Maryland)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-02114

Complaint for Declaratory and Injunctive Relief

July 1, 2025

July 1, 2025

Complaint
35

1:25-cv-02114

Memorandum Opinion

Aug. 22, 2025

Aug. 22, 2025

Order/Opinion

2025 WL 2426382

38

1:25-cv-02114

Order

City of Columbus et al. v. Kennedy, Jr. et al.

Aug. 25, 2025

Aug. 25, 2025

Order/Opinion

2025 WL 2426382

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70684987/city-of-columbus-v-kennedy/

Last updated Sept. 9, 2025, 11:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ ( Filing fee $ 405 receipt number AMDDC-12075996.), filed by CITY OF CHICAGO, DOCTORS FOR AMERICA, MAYOR AND CITY COUNCIL OF BALTIMORE, CITY OF COLUMBUS, MAIN STREET ALLIANCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Attachment Corporate Disclosure Statement, # 9 Attachment Corporate Disclosure Statement, # 10 Attachment Corporate Disclosure Statement, # 11 Attachment Corporate Disclosure Statement, # 12 Attachment Corporate Disclosure Statement)(McElvain, Joel) (Entered: 07/01/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Attachment Corporate Disclosure Statement

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9 Attachment Corporate Disclosure Statement

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10 Attachment Corporate Disclosure Statement

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11 Attachment Corporate Disclosure Statement

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12 Attachment Corporate Disclosure Statement

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July 1, 2025

July 1, 2025

Clearinghouse
10

ORDER granting 3 Consent MOTION for Leave to File Excess Pages. Signed by Judge Brendan Abell Hurson on 7/2/2025. (bw5s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
11

MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore (Attachments: # 1 Memorandum in Support, # 2 Affidavit Decl. of Christen Linke Young, # 3 Affidavit Decl. of Shawn Phetteplace, # 4 Affidavit Decl. of Brooke Legler, # 5 Affidavit Decl. of Dr. Janet Krommes, # 6 Affidavit Decl. of Dr. Beth Oller, # 7 Affidavit Decl. of Edward Johnson, # 8 Affidavit Decl. of Faith Leach, # 9 Affidavit Decl. of Dr. Olusimbo Ige, # 10 Text of Proposed Order)(McElvain, Joel) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
2

NOTICE of Appearance by Christine L Coogle, Coogl on behalf of All Plaintiffs (Coogle, Christine) (Additional attachment(s) added on 7/2/2025: # 1 FLATTENED Main Document) (bw5s). (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
3

Consent MOTION for Leave to File Excess Pages by CITY OF CHICAGO, CITY OF COLUMBUS, DOCTORS FOR AMERICA, MAIN STREET ALLIANCE, MAYOR AND CITY COUNCIL OF BALTIMORE (Attachments: # 1 Text of Proposed Order)(Coogle, Christine) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
4

NOTICE of Appearance by Joel L McElvain on behalf of CITY OF CHICAGO, CITY OF COLUMBUS, DOCTORS FOR AMERICA, MAIN STREET ALLIANCE, MAYOR AND CITY COUNCIL OF BALTIMORE (McElvain, Joel) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
5

MOTION to Appear Pro Hac Vice for Cortney Robinson (Filing fee $100, receipt number AMDDC-12078379.) by CITY OF CHICAGO, CITY OF COLUMBUS, DOCTORS FOR AMERICA, MAIN STREET ALLIANCE, MAYOR AND CITY COUNCIL OF BALTIMORE(Coogle, Christine) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
6

QC NOTICE: 1 Complaint,, filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus was filed incorrectly. **Your 103.3 Disclosure Statement must be filed as a separate entry using the event Local Rule 103.3 Disclosure Statement (Other Filings -> Other Documents -> Local Rule 103.3 Disclosure Statement). Your document has been accepted by court staff. No action is required on your part at this time. (bw5s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
7

QC NOTICE: 2 Notice of Appearance filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus was filed incorrectly. **Not all pdf documents were flattened prior to filing. All pdfs uploaded to CM/ECF MUST BE FLATTENED for all future filings. Failure to comply may result in rejected filings and delays in case processing. **This filing has been corrected by court staff and no further corrective action is required. (bw5s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
8

Summons Issued 60 days as to Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services, U.S. Attorney and U.S. Attorney General(bw5s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
9

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Cortney R Robinson. Directing attorney Cortney R Robinson to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 7/2/2025. (mh4s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
12

PAPERLESS ORDER confirming the briefing schedule re 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus. Per Local Rule 105.2(a), Defendants' response to the motion is due July 16, 2025. Plaintiffs' reply is due July 30, 2025. Signed by Judge Brendan Abell Hurson on 7/8/2025. (nd4s, Chambers) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
13

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Centers for Medicare & Medicaid Services served on 7/9/2025, answer due 7/30/2025.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
14

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. United States Department of Health and Human Services served on 7/14/2025, answer due 8/4/2025.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
15

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Mehmet Oz served on 7/10/2025, answer due 7/31/2025.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
16

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Robert F. Kennedy, Jr served on 7/14/2025, answer due 8/4/2025.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
17

AFFIDAVIT of Service for Summons served on Pam Bondi, in her official capacity as U.S. Attorney General, on 07/14/2025, filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
18

AFFIDAVIT of Service for Summons served on Kelly O. Hayes, in her official capacity as U.S. Attorney for the District of Maryland, on 07/09/2025, filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
19

NOTICE of Appearance by Zachary W. Sherwood on behalf of Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Sherwood, Zachary) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER
20

Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Attachments: # 1 Text of Proposed Order)(Sherwood, Zachary) (Entered: 07/15/2025)

1

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July 15, 2025

July 15, 2025

PACER
21

ORDER Granting 20 Motion for Extension of Time to File Response/Reply. Signed by Judge Brendan Abell Hurson on 7/15/2025. (bas, Deputy Clerk) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER
22

PAPERLESS ORDER: A hearing on 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus has been scheduled for Thursday, August 14, 2025, at 10:00 a.m. in Courtroom 3D (101 W. Lombard Street, Baltimore, MD 21201). Signed by Judge Brendan Abell Hurson on 7/15/2025. (nd4s, Chambers) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER
23

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. United States Department of Health and Human Services served on 7/14/2025, answer due 9/12/2025.(Coogle, Christine) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
24

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Robert F. Kennedy, Jr served on 7/14/2025, answer due 9/12/2025.(Coogle, Christine) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
25

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Centers for Medicare & Medicaid Services served on 7/9/2025, answer due 9/8/2025.(Coogle, Christine) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
26

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Mehmet Oz served on 7/10/2025, answer due 9/8/2025.(Coogle, Christine) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
27

Consent MOTION for Leave to File Excess Pages by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Attachments: # 1 Text of Proposed Order)(Sherwood, Zachary) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

PACER
28

RESPONSE in Opposition re 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Sherwood, Zachary) (Entered: 07/25/2025)

1 Text of Proposed Order

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July 25, 2025

July 25, 2025

RECAP
29

PAPERLESS ORDER granting 27 Motion for Leave to File Excess Pages. It is hereby ORDERED that (1) Defendants may file an opposition of up to 55 pages, and (2) Plaintiffs may file a reply of up to 25 pages. Signed by Judge Brendan Abell Hurson on 7/28/2025. (nd4s, Chambers) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

PACER
30

REPLY to Response to Motion re 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore. (Attachments: # 1 Affidavit Declaration of Dr. Eric D. Fethke, # 2 Text of Proposed Order Amended Proposed Order)(McElvain, Joel) (Entered: 08/08/2025)

1 Affidavit Declaration of Dr. Eric D. Fethke

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2 Text of Proposed Order Amended Proposed Order

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Aug. 8, 2025

Aug. 8, 2025

PACER
31

Motion Hearing held on 8/14/2025 re 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus before Judge Brendan Abell Hurson. (Russell Carrick - Courtroom 3D)(Court Reporter: Kassandra McPherson) (rc2s, Deputy Clerk) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

PACER
32

PAPERLESS ORDER directing Plaintiffs to file updated perma.cc links by Monday, August 18, 2025 at 5pm in accordance with the instructions sent to the parties by the Court via email. Signed by Judge Brendan Abell Hurson on 8/15/2025. (cs10, Chambers) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

PACER
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RESPONSE re 32 Order Plaintiffs' Submission in Response to Court's August 15, 2025 Minute Order filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit Ex. A: Urban Institute Comment, # 2 Exhibit Ex. B: NAIC comment)(McElvain, Joel) (Entered: 08/17/2025)

1 Exhibit Ex. A: Urban Institute Comment

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2 Exhibit Ex. B: NAIC comment

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Aug. 17, 2025

Aug. 17, 2025

RECAP
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 08/14/2025, before Judge Brendan A. Hurson. Court Reporter Kassandra L. McPherson, Telephone number (410) 962-4544; Kassandra_McPherson@mdd.uscourts.gov. Total number of pages filed: 88. 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 9/10/2025. Redacted Transcript Deadline set for 9/22/2025. Release of Transcript Restriction set for 11/18/2025.(km10, Court Reporter) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

PACER
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MEMORANDUM OPINION. Signed by Judge Brendan Abell Hurson on 8/22/2025. (hmls, Deputy Clerk) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

Clearinghouse
36

ORDER GRANTING IN PART and DENYING IN PART 11 Motion for a Stay under 5 U.S.C. § 705 or, in the alternative, for a Preliminary Injunction, construed as a Motion for a Stay. Signed by Judge Brendan Abell Hurson on 8/22/2025. (hmls, Deputy Clerk) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

RECAP
37

MOTION Unopposed Motion to Clarify Order of August 22, 2025 re 36 Order on Motion for Other Relief, by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore (Attachments: # 1 Text of Proposed Order)(McElvain, Joel) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

PACER
38

ORDER granting 37 Motion for Clarification re: 36 Order. Signed by Judge Brendan Abell Hurson on 8/25/2025. (jf3s, Deputy Clerk) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

Clearinghouse
39

NOTICE OF APPEAL by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services. (Sherwood, Zachary) (Entered: 08/28/2025)

Aug. 28, 2025

Aug. 28, 2025

PACER
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 39 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. (av4s, Deputy Clerk) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
41

USCA Case Number 25-2012 for 39 Notice of Appeal filed by Robert F. Kennedy, Jr., United States Department of Health and Human Services, Centers for Medicare & Medicaid Services, Mehmet Oz. Case Manager - Paige L. Ballard (jh6s, Deputy Clerk) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

RECAP
42

MOTION to Stay Pending Appeal by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Sherwood, Zachary) (Entered: 08/29/2025)

1 Memorandum in Support

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2 Exhibit

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3 Text of Proposed Order

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Aug. 29, 2025

Aug. 29, 2025

RECAP
43

NOTICE by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore re 42 MOTION to Stay Pending Appeal Notice of Intent to File Response (McElvain, Joel) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

RECAP
44

RESPONSE in Opposition re 42 MOTION to Stay Pending Appeal filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore. (Attachments: # 1 Affidavit Second Declaration of Brooke Legler, # 2 Affidavit Second Declaration of Christen Linke Young)(McElvain, Joel) (Entered: 09/02/2025)

1 Affidavit Second Declaration of Brooke Legler

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2 Affidavit Second Declaration of Christen Linke Young

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Sept. 2, 2025

Sept. 2, 2025

PACER
45

Consent MOTION for Extension of Time to File Answer by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Attachments: # 1 Text of Proposed Order)(Sherwood, Zachary) (Entered: 09/04/2025)

1 Text of Proposed Order

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Sept. 4, 2025

Sept. 4, 2025

PACER
46

PAPERLESS ORDER granting 45 Motion for Extension of Time to Answer. Defendants' response to Plaintiffs' Complaint is due by September 25, 2025. Signed by Judge Brendan Abell Hurson on 9/4/2025. (nd4s, Chambers) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Healthcare Access and Reproductive Issues

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 1, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several municipalities and healthcare organizations.

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Centers for Medicare and Medicaid Services (- United States (national) -), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2025 - None

Issues

General/Misc.:

Payment for care