Challenges to the Federal Contraceptive Coverage Rule

June 18, 2013

Jump to Full List of Cases for This Issue

As part of the Affordable Care Act, the federal government issued a regulation that requires health plans to cover contraception without a co-pay. More than 50 court cases are pending challenging the rule, alleging that the rule infringes on religious liberty.

Approximately one-half of the cases have been brought by religiously affiliated nonprofit organizations. The courts have routinely dismissed these cases finding that these organizations do not face any injury because of the federal government's proposals to modify the rule to accommodate nonprofit entities with religious objections, and, in the meantime, these entities do not have to comply with the rule. Most recently, on February 1, the administration issued a proposed rule designed to ensure employees will receive contraception coverage but that the nonprofit employer will not bear the cost or otherwise have any connection with the coverage. This revision should put to rest the nonprofits' legal claims.

The rule will not be modified for for-profit companies. The courts in the for-profit cases are analyzing whether the rule violates religious freedom, and these cases are winding their way through district courts and courts of appeals across the country. It is expected that at least one of these cases will reach the U.S. Supreme Court at the end of 2013 or in 2014.

There are approximately 60 challenges currently pending. Of those, 32 are filed by for-profit companies. Six courts of appeals have issued orders in the for-profit cases, but only to address emergency requests that the rule not be enforced against the plaintiffs in the case pending decision in the appeal. The Third, Sixth and Tenth Circuits have denied requests to temporarily block the rule, and Justice Sotomayor has also denied a request to temporarily block enforcement of the rule. The Seventh, Eighth, and D.C. Circuits have granted requests to temporarily block enforcement of the rule for the specific plaintiffs. Meanwhile, full briefing in these cases is proceeding.

The cases challenging the contraceptive rule are only one set of cases in which institutions and individuals are seeking an exemption from anti-discrimination rules, on the ground that they violate their religious beliefs. There are cases of inns and bakeries closing their doors to same-sex couples and of religious schools firing employees who are unmarried and pregnant, for example, in the name of religion.

In these cases, the ACLU is defending the anti-discrimination rule. While religious freedom gives us all the right to make personal decisions about how to practice religion, it doesn't give institutions or individuals the right to impose their beliefs on others or to discriminate.

Challenges to the Contraception Rules
As of June 13, 2013

Guide to Terms

Grant of a preliminary injunction or temporary restraining order or injunction pending appeal means the court ordered the government not to require the plaintiff(s) in the case to comply with the new rule, pending further proceedings in the case. These are temporary orders, not decisions on the merits.
Denial of a preliminary injunction or temporary restraining order or injunction pending appeal means the plaintiff(s) in the case is still under an obligation to comply with the contraceptive rule pending further proceedings. These are temporary orders, not decisions on the merits.
Dismissed means the court dismissed the case.
Motion to dismiss denied means the court refused to dismiss the case.

FOR-PROFIT CASES

Case Name	Status
American Pulverizer Co. v. HHS, 13-1395 (8th Cir.).	Motion for preliminary injunction granted by district court Amici brief filed by ACLU, ACLU of Eastern Missouri, and ACLU of Western Missouri and Kansas in the district court Appeal pending in the Eighth Circuit Court of Appeals
Annex Medical, Inc. v. Sebelius, 13-1118 (8th Cir.).	Motion for preliminary injunction denied by district court Injunction pending appeal granted by the Eighth Circuit Court of Appeals, full appeal pending Amici brief filed by ACLU and ACLU of Minnesota in district court Amici brief filed by ACLU and ACLU of Minnesota in the Eighth Circuit Court of Appeals
Armstrong v. Sebelius, 13-1218 (10th Cir.).	Motion for preliminary injunction denied by district court, appeal pending in the Tenth Circuit Court of Appeals Amici brief filed by ACLU and ACLU of Colorado in district court
Autocam Corp. v. Sebelius, 12-2673 (6th Cir.).	Motion to dismiss pending in district court Motion for preliminary injunction denied by district court Motion for injunction pending appeal denied by in the Sixth Circuit Court of Appeals, full appeal pending Amici brief filed by ACLU and ACLU Fund of Michigan in the district court Amici brief filed by ACLU and ACLU Fund of Michigan in Sixth Circuit Court of Appeals
Beckwith Electric v. Sebelius, 13-cv-648 (M.D. Fla.).	Complaint filed Motion for preliminary injunction pending in district court Amici brief filed by ACLU and ACLU of Florida in the district court
Bick Holding, Inc. v. Sebelius, 13-cv-00462 (E.D. Mo.).	Preliminary injunction granted by district court
Briscoe v. Sebelius, 13-CV-00285 (D. Co.).	Motion for temporary restraining order denied by district court Amici brief filed by ACLU and ACLU of Colorado in the district court
Conestoga Wood Specialities Corp. v. Sebelius, 13-1144 (3rd Cir.).	Motion for preliminary injunction denied by district court Motion for injunction pending appeal denied by the Third Circuit Court of Appeals, full appeal pending Amici brief filed by ACLU and ACLU of Pennsylvania in the district court Amici brief filed by ACLU and ACLU of Pennsylvania in the Third Circuit Court of Appeals
Domino's Farms Corporation v. Sebelius, 13-1654 (6th Cir.).	Motion for preliminary injunction granted by district court, appeal pending in the Sixth Circuit Court of Appeals Amici brief filed by ACLU and ACLU Fund of Michigan in the district court
Eden Foods v. Sebelius, 13-1677 (6th Cir.).	Motion for preliminary injunction denied by district court Motion for injunction pending appeal pending in Sixth Circuit Court of Appeals Motion to dismiss pending Amici brief filed by ACLU and ACLU Fund of Michigan in the district court
Geneva College v. Sebelius, 12-CV-207 (W.D. Penn).	Motion to dismiss granted in part and denied in part by district court Motion for preliminary injunction for for-profit plaintiffs granted by district court, appeal pending in the Third Circuit Court of Appeals
Gilardi v. HHS, 13-5069 (D.C. Cir.).	Motion for preliminary injunction denied by district court Motion for injunction pending appeal granted by the D.C. Circuit Court of Appeals, full appeal pending Amici brief filed by the ACLU in the D.C. Circuit Court of Appeals
Grote Industries v. Sebelius, 13-1077 (7th Cir.).	Motion for preliminary injunction denied by district court Motion for injunction pending appeal granted by the Seventh Circuit Court of Appeals, full appeal pending See Korte v. Sebelius for consolidated amici brief submitted in the Seventh Circuit Court of Appeals
Hall v. Sebelius, 13-CV-00295 (D. Minn.).	Motion for preliminary injunction granted by district court
Hart Electric v. Sebelius, 13-CV-02253 (N.D. Ill.).	Motion for preliminary injunction granted by district court
Hobby Lobby v. Sebelius, 12-6294 (10th Cir.).	Motion for preliminary injunction denied by district court Injunction pending appeal denied by the Tenth Circuit Court of Appeals, full appeal pending Application for emergency relief to the Supreme Court of the United States denied by Justice Sotomayor Amici brief filed by ACLU and ACLU of Oklahoma in Tenth Circuit Court of Appeals
Infrastructure Alternatives v. Sebelius, 13-CV-00031 (W.D. Mich.).	Motion to dismiss pending in district court Amici brief filed by ACLU and ACLU Fund of Michigan in the district court
Johnson Welded Products v. Sebelius, 13-cv-00609 (D.D.C.).	Motion for preliminary injunction granted by district court
Korte v. HHS, 12-3841 (7th Cir.).	Motion for preliminary injunction denied by district court Injunction pending appeal granted by the Seventh Circuit Court of Appeals, full appeal pending Amici brief filed by ACLU and Roger Baldwin Foundation of ACLU, Inc. in district court Amici brief filed by ACLU and ACLU of Illinois in Seventh Circuit Court of Appeals
Legatus v. Sebelius, 13-1092, 13-1093 (6th Cir.).	Motion for preliminary injunction granted as to for-profit company, appeal pending in the Sixth Circuit Court of Appeals Amici brief filed by ACLU and ACLU Fund of Michigan in district court Amici brief filed by ACLU and ACLU Fund of Michigan in Sixth Circuit Court of Appeals
Lindsay v. Sebelius, 13-CV-01210 (N.D. Ill.).	Motion for preliminary injunction granted by district court
M&N Plastics v. Sebelius, 13-cv-00819 (D.D.C.).	Complaint filed in Eastern District of Michigan, but voluntarily dismissed by plaintiffs New complaint filed in the District Court for D.C.
Mersino Management v. Sebelius, 13-cv-11296 (E.D. Mich.).	Motions for temporary restraining order and preliminary injunction pending in district court Amicus brief filed by ACLU and ACLU Fund of Michigan in district court
MK Chambers Company v. Sebelius, 13-cv-11379 (E.D. Mich.).	Motion for temporary restraining order denied by district court Motion for preliminary injunction pending Amicus brief filed by ACLU and ACLU Fund of Michigan in district court
Newland v. Sebelius, 12-1380 (10th Cir.).	Motion for preliminary injunction granted by district court Appeal pending in the Tenth Circuit Court of Appeals Amici brief filed by ACLU and ACLU of Colorado in Court of Appeals
O Brien v. HHS, 12-3357 (8th Cir.).	Dismissed by district court Motion for injunction pending appeal granted in the Eighth Circuit Court of Appeals, full appeal pending Amici brief filed by ACLU and ACLU of Eastern Missouri in Court of Appeals
Sharpe Holdings v. Sebelius, 12-CV-00092 (E.D. Mo.).	Temporary restraining order granted by district court Amici brief filed by ACLU and ACLU of Eastern Missouri in district court
Sioux Chief Mfg. v. Sebelius, 13-CV-00036 (W.D. Mo.).	Motion for preliminary injunction granted by district court
SMA, LLC v. Sebelius, 13-CV-01375 (D. Minn.).	Complaint filed
Tonn and Blank Construction, LLC v. Sebelius, 12-CV-325 (N.D. Ind.).	Motion for preliminary injunction granted by district court
Tyndale House Publishers, Inc. v. Sebelius, 12-cv-01635 (D.D.C.).	Motion for preliminary injunction granted by district court Motion for summary judgment pending in district court Appeal voluntarily dismissed in the D.C. Circuit Court of Appeals Amici brief filed by ACLU and ACLU of the National Capital Area in the district court
Yep v. HHS, 13-1748 (7th Cir.).	Motion for preliminary injunction granted by district court Amici brief filed by ACLU and Roger Baldwin Foundation of ACLU, Inc. in the district court Case and appeal to Seventh Circuit Court of Appeals held in abeyance pending decision in Korte/Grote

NOT-FOR-PROFIT CASES

Case Name	Status
American Family Association v. Sebelius, 13-CV-00032 (N.D. Miss.).	Motion for preliminary injunction pending Motion to dismiss pending
Archdiocese of Miami v. Sebelius, 12-CV-23820 (S.D. Fla.).	Dismissed by district court
Archdiocese of St. Louis v. Sebelius, 12-CV-00924 (E.D. Mo.).	Dismissed by district court
Ave Maria University v. Sebelius, 12-CV-00088 (M.D. Fla.).	Dismissed by district court
Belmont Abbey College v. Sebelius, 12-5291 (D.C. Cir.).	Motion to dismiss case granted by district court Case and appeal to D.C. Circuit Court of Appeals on hold until Administration issues new rules for non-profits
Catholic Diocese of Biloxi v. Sebelius, 12-CV-00158 (S.D. Miss.).	Dismissed by district court
Catholic Diocese of Peoria v. Sebelius, 12-CV-1276 (C.D. Ill.).	Dismissed by district court
Colorado Christian University v. Sebelius, 11-CV-3350 (D. Colo.).	Dismissed by district court
Conlon v. Sebelius, 12-CV-03932 (N.D. Ill.).	Dismissed by district court
Criswell College v. Sebelius, 12-CV-04409 (N.D. Tex.).	Dismissed by district court
Diocese of Fort Wayne-South Bend v. Sebelius, 12-CV-00159 (N.D. Ind.).	Motion to dismiss pending
East Texas Baptist University v. Sebelius, 12-CV-3009 (S.D. Tex.).	Complaint filed
Eternal World Television, Inc. v. Sebelius, 12-CV-501 (N.D. Ala.).	Dismissed by district court
Franciscan University of Steubenville v. Sebelius, 12-CV-00440 (S.D. Ohio).	Dismissed by district court
Geneva College v. Sebelius, 12-CV-207 (W.D. Penn).	Motion to dismiss granted in part and denied in part by district court Motion for preliminary injunction granted by district court
Grace Schools v. Sebelius, 12-CV-459 (N.D. Ind.).	Motion to dismiss pending
Liberty University v. Lew, 10-2347 (4th Cir.).	On remand from the Supreme Court before the Fourth Circuit Court of Appeals Amici brief filed by ACLU and ACLU of Virginia in Circuit Court
Legatus v. Sebelius, 13-1092, 13-1093 (6th Cir.).	Motion for preliminary injunction granted as to for-profit company, appeal pending in the Sixth Circuit Court of Appeals Amici brief filed by ACLU and ACLU Fund of Michigan in district court
Louisiana College v. Sebelius, 12-CV-463 (W.D. La.).	Dismissed by district court
Priests for Life v. Sebelius, 12-CV-753 (E.D.N.Y.).	Dismissed by district court
Roman Catholic Archdiocese of Atlanta v. Sebelius, 12-CV-3489 (N.D. Ga).	Motion to dismiss pending
Roman Catholic Archbishop of Washington v. Sebelius, 13-5091 (D.C. Cir.).	Dismissed by district court, appeal pending in the D.C. Circuit Court of Appeals
Roman Catholic Archdiocese of New York v. Sebelius, 12-CV-02542 (E.D.N.Y.).	Motion to dismiss denied
Roman Catholic Diocese of Dallas v. Sebelius, 12-CV-01589 (N.D. Tex.).	Dismissed by district court
Roman Catholic Diocese of Fort Worth v. Sebelius, 12-CV-00314 (N.D. Tex.).	Motion to dismiss denied by district court
State of Nebraska v. HHS, 12-3238 (8th Cir.).	Dismissed by district court, appeal pending in the Eighth Circuit Court of Appeals
Trautman v. Sebelius, 12-CV-123 (W.D. Penn.).	Dismissed by district court
University of Notre Dame v. Sebelius, 13-1479 (7th Cir.).	Dismissed by district court, appeal pending in the Seventh Circuit Court of Appeals
Wheaton College v. Sebelius, 12 -5273 (D.C. Cir.).	See Belmont Abbey; cases were consolidated
Zubik v. Sebelius, 13-1228 (3rd Cir.).	Dismissed by district court, appeal pending in the Third Circuit Court of Appeals