Decided

No. 15-119

Southern Nazarene University, et al. v. Sylvia Burwell, Secretary of Health and Human Services, et al.

from the United States Court of Appeals for the Tenth Circuit

See other cases from the Tenth Circuit.

Docket Entries

Record from U.S.C.A. 10th Circuit has been returned.

JUDGMENT ISSUED

Judgment VACATED and case REMANDED. Opinion per curiam. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. VIDED.

Supplemental reply brief of petitioners filed. VIDED. (Distributed)

Supplemental reply brief of respondents filed. VIDED. (Distributed)

Supplemental brief of petitioners filed. VIDED. (Distributed)

Supplemental brief of respondents filed. VIDED. (Distributed)

The parties are directed to file supplemental briefs that address whether and how contraceptive coverage may be obtained by petitioners� employees through petitioners� insurance companies, but in a way that does not require any involvement of petitioners beyond their own decision to provide health insurance without contraceptive coverage to their employees. Petitioners with insured plans are currently required to submit a form either to their insurer or to the Federal Government (naming petitioners� insurance company), stating that petitioners object on religious grounds to providing contraceptive coverage. The parties are directed to address whether contraceptive coverage could be provided to petitioners� employees, through petitioners� insurance companies, without any such notice from petitioners. For example, the parties should consider a situation in which petitioners would contract to provide health insurance for their employees, and in the course of obtaining such insurance, inform their insuran...

Petitioners would have no legal obligation to provide such contraceptive coverage, would not pay for such coverage, and would not be required to submit any separate notice to their insurer, to the Federal Government, or to their employees. At the same time, petitioners� insurance company�aware that petitioners are not providing certain contraceptive coverage on religious grounds�would separately notify petitioners� employees that the insurance company will provide cost-free contraceptive coverage, and that such coverage is not paid for by petitioners and is not provided through petitioners� health plan. The parties may address other proposals along similar lines, avoiding repetition of discussion in prior briefing. The briefs, limited to a single brief 25 pages in length for petitioners, and a single brief 20 pages in length for respondents, are to be filed simultaneously with the Clerk and served upon counsel for the other parties on or before April 12, 2016. Reply briefs, limited to a single brie...

Argued. For petitioners in Nos. 15-35, 15-105, 15-119 & 15-191: Paul D. Clement, Washington, D. C. For petitioners in Nos. 14-1418, 14-1453, & 14-1505: Noel Francisco, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. VIDED.

Reply of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED. (Distributed)

Reply of Petitioners in Nos. 14-1418, 1453 & 14-1505 filed. VIDED. (Distributed)

Letter from counsel for the respondents with copy of C. A. 11th Circuit opinion attached. (Distributed) VIDED.

Brief amici curiae of The Ovarian Cancer Research Fund Alliance, et al. (2 Volumes) filed. VIDED. (Distributed)

Brief amici curiae of Scholars of Religious Liberty Sarah Barringer Gordon, et al. filed. VIDED. (Distributed)

Brief amicus curiae of American Academy of Pediatrics filed. VIDED. (Distributed)

Brief amici curiae of Foreign and International Law Experts Lawrence O. Gostin, et al. filed. VIDED. (Distributed)

Brief amici curiae of Former State Attorneys General, et al. filed. VIDED. (Distributed)

Brief amici curiae of Catholics for Choice, et al. filed. VIDED. (Distributed)

Brief amici curiae of National Latina Institute for Reproductive Health, et al. filed. VIDED. (Distributed)

Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. (Distributed)

Brief amici curiae of American Jewish Committee, et al. filed. VIDED. (Distributed)

Brief amici curiae of Norman Dorsen, et al. filed. VIDED. (Distributed)

Brief amici curiae of The National Health Law Program, et al. filed. VIDED. (Distributed)

Brief amici curiae of The Center for Inquiry, and American Atheists filed. VIDED. (Distributed)

Brief amicus curiae of Honorable Robert C. "Bobby" Scott filed. VIDED. (Distributed)

Brief amici curiae of California, et al. filed. VIDED. (Distributed)

Brief amici curiae of Military Historian filed. VIDED. (Distributed)

Brief amici curiae of 123 Members of the United States Congress filed. VIDED. (Distributed)

Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. VIDED. (Distributed)

Brief amici curiae of The Guttmacher Institute, and Professor Sara Rosenbaum filed. VIDED. (Distributed)

Brief amicus curiae of Black Women's Health Imperative filed. VIDED. (Distributed)

Brief amici curiae of Anti-Defamation League, et al. filed. VIDED. (Distributed)

Brief amici curiae of Health Policy Experts filed. VIDED. (Distributed)

Brief amici curiae of 240 Students, Faculty, and Staff at Religiously Affiliated Universities filed. VIDED. (Distributed)

Brief amici curiae of National Women's Law Center and 68 Other Organizations filed. VIDED. (Distributed)

Brief amicus curiae of Compassion & Choices filed. VIDED. (Distributed)

Brief amicus curiae of Baptist Joint Committee for Religious Liberty filed. VIDED. (Distributed)

Brief amici curiae of Church-State Scholars filed. VIDED. (Distributed)

Brief amici curiae of American Civil Liberties Union, et al., filed. VIDED. (Distributed)

Brief amici curiae of Harvard Law School Center for Health Law and Policy Innovation, et al. filed. VIDED. (Distributed)

Record received from U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of the pleadings enclosed in "1 Box".

Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed)

Brief amicus curiae of American Humanist Association filed. VIDED. (Distributed)

CIRCULATED.

Record requested from U.S.C.A. 10th Circuit.

SET FOR ARGUMENT ON Wednesday, March 23, 2016. VIDED

Joint motion for divided argument and enlargement of time for oral argument GRANTED. VIDED

Brief amici curiae of Thirteen Law Professors filed. VIDED.

Brief amici curiae of National Association of Evangelicals, et al. filed. VIDED.

Brief amici curiae of Association of American Physicians & Surgeons, et al. filed. VIDED.

Brief amici curiae of Constitutional Law Scholars filed. VIDED.

Brief amicus curiae of Women Speak for Themselves filed. VIDED.

Brief amicus curiae of Liberty Counsel filed. VIDED.

Brief amici curiae of The Cato Institute and Independent Women's Forum filed. VIDED.

Brief amici curiae of 50 Catholic Theologians and Ethicists filed. VIDED.

Brief amicus curiae of Council for Christian Colleges and Universities filed. VIDED.

Brief amici curiae of Bart Stupak, et al. filed. VIDED.

Brief amici curiae of Dominican Sisters of Mary, Mother of the Eucharist, et al. filed. VIDED.

Brief amicus curiae of Thomas More Law Center filed. VIDED.

Brief amicus curiae of Eternal Word Television Network filed. VIDED.

Brief amicus curiae of the Knights of Columbus filed. VIDED.

Brief amici curiae of ACNA Jurisdiction of the Armed Forces and Chaplaincy, et al. filed. VIDED.

Brief amicus curiae of David Boyle filed. VIDED.

Brief amicus curiae of Justice and Freedom Fund filed. VIDED.

Brief amicus curiae of International Conference of Evangelical Chaplain Endorsers filed. VIDED.

Brief amicus curiae of Concerned Women for America filed. VIDED.

Brief amicus curiae of Michael J. New, Ph.D., Associate Scholar at the Charlotte Lozier Institute filed. VIDED.

Brief amicus curiae of American Center for Law and Justice filed. VIDED.

Brief amici curiae of U.S. Justice Foundation, et al. filed. VIDED.

Brief amici curiae of Carmelite Sisters of the Most Sacred Heart of Los Angeles, et al. filed. VIDED.

Brief amici curiae of The Catholic Benefits Association, et al. filed. VIDED.

Brief amici curiae of Religious Institutions filed. VIDED.

Brief amici curiae of Texas, et al. filed. VIDED.

Brief amici curiae of Southern Baptist Theological Seminary, et al. filed. VIDED.

Brief amici curiae of Christian Legal Society, et al. filed. VIDED.

Brief amici curiae of Church of the Lukumi Babalu Aye, Inc., et al. filed. VIDED.

Brief amici curiae of Christian and Missionary Alliance Foundation, Inc.,et al. filed. VIDED.

Brief amici curiae of 207 Members of Cogress filed. VIDED.

Brief amicus curiae of The School of the Ozarks, Inc. d/b/a College of the Ozarks filed. VIDED.

Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA) filed. VIDED.

Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. VIDED.

Brief amici curiae of Former Justice Department Officials filed. VIDED.

Brief amicus curiae of Ethics and Public Policy Center filed. VIDED.

Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed. VIDED.

Brief amici curiae of CNS International Ministries, Inc. and Heartland Christian College filed. VIDED.

Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED.

Brief amicus curiae of the Breast Cancer Prevention Institute filed. VIDED.

Brief amici curiae of Orthodox Jewish Rabbis filed. VIDED.

Brief of Petitioners in Nos. 14-1418, 1453 & 14-1505 filed. VIDED.

Brief of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED.

Joint appendix. (3 Volumes) (Statement of costs filed). VIDED.

Consent to the filing of amicus curiae briefs in support of either party or of neither party received, on behalf of all petitioners, in these consolidated cases. VIDED

Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents. VIDED

Joint motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.

The briefing proposal set forth in the parties� letter of November 16, 2015, is adopted. Petitioners in Nos. 14-1418, 14-1453, and 14-1505 will file one consolidated opening brief and one reply brief. Petitioners in Nos. 15-35, 15-105, 15-119, and 15-191 will file one consolidated opening brief and one reply brief. Petitioners� opening briefs, not to exceed 20,000 words each, are to be filed on or before January 4, 2016. Respondents will file one consolidated brief, not to exceed 22,500 words, on or before February 10, 2016. Petitioners� reply briefs, not to exceed 8,000 words each, are to be filed on or before March 11, 2016. VIDED

Letter from The Clerk to counsel for the parties requesting a joint briefing proposal by 1 p.m., Monday, November 16, 2015. VIDED

Petition GRANTED The petition for a writ of certiorari in No. 14-1418 is granted limited to Question 1 presented by the petition. The motion of Association of American Physicians & Surgeons, et al. for leave to file a brief as amici curiae and the petition for a writ of certiorari in No. 14-1453 are granted. The petitions for writs of certiorari in Nos. 14-1505 and 15-35 are granted. The petition for a writ of certiorari in No. 15-105 is granted limited to Questions 1 and 2 presented by the petition. The cases are consolidated.

DISTRIBUTED for Conference of November 6, 2015.

DISTRIBUTED for Conference of October 30, 2015.

Reply of petitioners Southern Nazarene University, et al. filed. (Distributed)

Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED.

Order further extending time to file response to petition to and including September 30, 2015.

Brief amicus curiae of The Council for Christian Colleges & Universities filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner Southern Nazarene University, et al.

Order extending time to file response to petition to and including September 25, 2015.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.

Petition for a writ of certiorari filed. (Response due August 26, 2015)

Parties

David A. Zubik, et al., Petitioner, represented by Paul M. Pohl

Petitioners in Nos. 14-1418, 1453 & 14-1505, Petitioner, represented by Noel J. Francisco

Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191, Petitioner, represented by Paul D. Clement

Priests for Life, et al., Petitioner, represented by Robert Joseph Muise

Southern Nazarene University, et al., Petitioner, represented by David A. Cortman

Bart Stupak, et al., Respondent, represented by John C. Eastman

Sylvia Burwell, Secretary of Health and Human Services, et al., Respondent, represented by Donald B. Verrilli Jr.

Amici Curiae

123 Members of the United States Congress, Amicus Curiae, represented by David A. O'Neil

207 Members of Cogress, Amicus Curiae, represented by Robert K. Kelner

240 Students, Faculty, and Staff at Religiously Affiliated Universities, Amicus Curiae, represented by Gregory M. Lipper

50 Catholic Theologians and Ethicists, Amicus Curiae, represented by D. John Sauer

ACNA Jurisdiction of the armed Forces and Chaplaincy, et al., Amicus Curiae, represented by Scott W. Gaylord

American Academy of Pediatrics, Amicus Curiae, represented by Thomas Edward Gorman

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

American Civil Liberties Union, et al.,, Amicus Curiae, represented by Brigitte Amiri

American College of Obstetricians and Gynecologists, et al., Amicus Curiae, represented by Bruce H. Schneider

American Humanist Association, Amicus Curiae, represented by Gordon J. Gamm

American Jewish Committee, et al., Amicus Curiae, represented by Marc D. Stern

Anti-Defamation League, et al., Amicus Curiae, represented by Derek L. Shaffer

Association of American Physicians & Surgeons, et al., Amicus Curiae, represented by Mailee R. Smith

Baptist Joint Committee for Religious Liberty, Amicus Curiae, represented by Douglas Laycock

Black Women's Health Imperative, Amicus Curiae, represented by Mark A. Packman

California, et al., Amicus Curiae, represented by Lisa Catherine Ehrlich

Carmelite Sisters of the Most Sacred Heart of Los Angeles, et al., Amicus Curiae, represented by Thomas G. Hungar

Catholics for Choice, et al., Amicus Curiae, represented by Leslie Carol Griffin

Christian and Missionary Alliance Foundation, Inc.,et al., Amicus Curiae, represented by Brian D. Boyle

Christian Legal Society, et al., Amicus Curiae, represented by Matthew T. Martens

Church of the Lukumi Babalu Aye, Inc., et al., Amicus Curiae, represented by Aaron M. Streett

Church-State Scholars, Amicus Curiae, represented by Catherine Weiss

CNS International Ministries, Inc. and Heartland Christian College, Amicus Curiae, represented by Timothy Belz

Compassion & Choices, Amicus Curiae, represented by Jon B. Eisenberg

Concerned Women for America, Amicus Curiae, represented by Steven W. Fitschen

Constitutional Law Scholars, Amicus Curiae, represented by Ryan A. Shores

Council for Christian Colleges and Universities, Amicus Curiae, represented by Matthew T. Nelson

David Boyle, Amicus Curiae, represented by David C. Boyle

Dominican Sisters of Mary, Mother of the Eucharist, et al., Amicus Curiae, represented by Eileen J. O'Connor

Eagle Forum Education & Legal Defense Fund, Inc., Amicus Curiae, represented by Lawrence J. Joseph

Eternal Word Television Network, Amicus Curiae, represented by S. Kyle Duncan

Ethics and Public Policy Center, Amicus Curiae, represented by Daniel P. Collins

Foreign and International Law Experts Lawrence O. Gostin, et al., Amicus Curiae, represented by Marjorie E. Sheldon

Former Justice Department Officials, Amicus Curiae, represented by Jay P. Lefkowitz

Former State Attorneys General, et al., Amicus Curiae, represented by Wesley R. Powell

Harvard Law School Center for Health Law and Policy Innovation, et al., Amicus Curiae, represented by Carmel Dori Shachar

Health Policy Experts, Amicus Curiae, represented by Marcy J. Wilder

Honorable Robert C. "Bobby" Scott, Amicus Curiae, represented by Marci A. Hamilton

International Conference of Evangelical Chaplain Endorsers, Amicus Curiae, represented by Arthur A. Schulcz Sr.

Justice and Freedom Fund, Amicus Curiae, represented by James L. Hirsen

Lambda Legal Defense and Education Fund, Inc., et al., Amicus Curiae, represented by Jennifer C. Pizer

Liberty Counsel, Amicus Curiae, represented by Mathew D. Staver

Michael J. New, Ph.D., Associate Scholar at the Charlotte Lozier Institute, Amicus Curiae, represented by David R. Langdon

Military Historian, Amicus Curiae, represented by Brianne Jenna Gorod

National Association of Evangelicals, et al., Amicus Curiae, represented by Richard Shawn Gunnarson

National Jewish Commission on Law and Public Affairs (COLPA), Amicus Curiae, represented by Nathan Lewin

National Latina Institute for Reproductive Health, et al., Amicus Curiae, represented by Sarah E. Burns

National Women's Law Center and 68 Other Organizations, Amicus Curiae, represented by Charles E. Davidow

Norman Dorsen, et al., Amicus Curiae, represented by Burt Neuborne

Orthodox Jewish Rabbis, Amicus Curiae, represented by Howard Nathan Slugh

Religious Institutions, Amicus Curiae, represented by Gene Clayton Schaerr

Residents and Families of Residents at Homes of the Little Sisters of the Poor, Amicus Curiae, represented by Dwight G. Duncan

Scholars of Religious Liberty Sarah Barringer Gordon, et al., Amicus Curiae, represented by Martin S. Lederman

Southern Baptist Theological Seminary, et al., Amicus Curiae, represented by Miles E. Coleman

Texas, et al., Amicus Curiae, represented by Scott A. Keller

the Breast Cancer Prevention Institute, Amicus Curiae, represented by Dorinda C. Bordlee

The Catholic Benefits Association, et al., Amicus Curiae, represented by L. Martin Nussbaum

The Cato Institute and Independent Women's Forum, Amicus Curiae, represented by Ilya Shapiro

The Center for Inquiry, and American Atheists, Amicus Curiae, represented by Edward Tabash

The Guttmacher Institute, and Professor Sara Rosenbaum, Amicus Curiae, represented by Anna-Rose Mathieson

The Knights of Columbus, Amicus Curiae, represented by L. Martin Nussbaum

The National Health Law Program, et al., Amicus Curiae, represented by Jane Perkins

The Ovarian Cancer Research Fund Alliance, et al. (2 Volumes), Amicus Curiae, represented by Jessica L. Ellsworth

The School of the Ozarks, Inc. D/B/A College of the Ozarks, Amicus Curiae, represented by Mark G. Arnold

Thirteen Law Professors, Amicus Curiae, represented by John D. Adams

Thomas More Law Center, Amicus Curiae, represented by Erin Elizabeth Mersino

United States Conference of Catholic Bishops, et al., Amicus Curiae, represented by Anthony R. Picarello Jr.

U.S. Justice Foundation, et al., Amicus Curiae, represented by Herbert W. Titus

Women Speak for Themselves, Amicus Curiae, represented by Helen M. Alvare

 
Last updated: March 27, 2017