Decided

No. 13-356

Conestoga Wood Specialties Corporation, et al. v. Sylvia Burwell, Secretary of Health and Human Services, et al.

from the United States Court of Appeals for the Third Circuit

See other cases from the Third Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. No. 13-354, AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Kennedy, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined, and in which Breyer and Kagan, JJ., joined as to all but Part III-C-1. Breyer and Kagan, JJ., filed a dissenting opinion. VIDED.

Argued. For private parties: Paul D. Clement, Washington, D. C. For the federal government: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. VIDED.

A total of 90 minutes is allotted for oral argument and the time is to be divided equally. VIDED

Reply of petitioners Conestoga Wood Specialties Corporation, et al. filed. (Distributed)

CIRCULATED.

Brief of respondents Kathleen Sebelius, Secretary of Health and Human Services, et al. filed. (Distributed)

Brief amicus curiae of Thomas More Law Center in support of nonGovernment parties filed. VIDED

Brief amicus curiae of C12 Group, LLC in support of non-Government parties filed. VIDED.

Brief amici curiae of National Jewish Commission on Law and Public Affairs ("COPLA"), et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Liberty University and Liberty Counsel in support of non-Government parties filed. VIDED.

Brief amici curiae of Brennan Center for Justice at N.Y.U. School of Law in support of the Government filed. VIDED.

Brief amicus curiae of Constitutional Accountability Center filed. VIDED.

Brief amici curiae of Massachusetts Citizens for Life, Inc., et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of United States Senators Murray, et al. in support of the Government filed. VIDED.

Brief amici curiae of Council for Christian Colleges & Universities, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Christian Booksellers Association, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Eagle Forum Education & Legal Defense Fund, Inc., et al. in support of non-Government parties filed. VIDED.

Brief amicus curiae of Foundation for Moral Law in support of non-Government parties filed. VIDED.

Brief amicus curiae of Association of American Physicians and Surgeons, Inc., et al. in support of non-Government parties filed. VIDED.

Brief amicus curiae of Rutherford Institute in support of non-Government parties filed. VIDED.

Brief amicus curiae of Ethics and Public Policy Center in support of non-Government parties filed. VIDED.

Brief amici curiae of Constitutional Law Scholars in support of non-Government parties filed. VIDED.

Brief amici curiae of U.S. Senators Ted Cruz, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Church of the Lukumi Babalu Aye, Inc., et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of 38 Protestant Theologians, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Electric Mirror, LLC, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of American Center for Law & Justice, et al. in support of non-Government parties filed. VIDED.

Brief amicus curiae of Westminster Theological Seminary in support of non-Government parties filed. VIDED.

Brief amicus curiae of John A. Ryan Institute for Catholic Social Thought in support of non-Government parties filed.

Brief amicus curiae of Jewish Social Policy Action Network filed. VIDED.

Brief amicus curiae of Independent Women's Forum in support of non-government parties filed. VIDED.

Brief amicus curiae of Judicial Education Project in support of non-Government parties filed. VIDED.

Brief amici curiae of Historians and Legal Scholars in support of neither party filed. VIDED.

Brief amici curiae of National Health Law Program, et al. in support of the Government filed. VIDED.

Brief amici curiae of Professor Emeritus of Law Charles E. Rice, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Freedom X, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of J.E. Dunn Construction Group, Inc., et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of The Center for Inquiry, et al. in support of the Government filed. VIDED.

Brief amicus curiae of David Boyle in support of non-Government parties filed. VIDED.

Brief amici curiae of Christian Legal Society, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Julian Bond, et al. filed. VIDED.

Brief amici curiae of Women's Public Policy Groups, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Honorable Joseph B. Scarnati III, et al. in support of non-Government parties filed. VIDED.

Brief amicus curiae of International Evangelical Chaplain Endorsers in support of non-Government parties filed.

Brief amici curiae of Beverly Lahaye Institute and Janice Shaw Crouse, Ph.D. in support of non-Government parties filed. VIDED.

Brief amici curiae of 67 Catholic Theologians and Ethicists in support of non-Government parties filed. VIDED.

Brief amicus curiae of Women Speak for Themselves in support of non-Government parties filed. VIDED.

Brief amicus curiae of United States Conference of Catholic Bishops in support of non-Government parties filed. VIDED.

Brief amicus curiae of Cato Institute in support of non-Government parties filed. VIDED.

Brief amici curiae of Eberle Communications Group, Inc., et al. filed.

Brief amicus curiae of Knights of Columbus in support of non-Government parties filed. VIDED.

Brief amici curiae of U.S. Women's Chamber of Commerce, et al. in support of the Government filed. VIDED.

Brief amici curiae of Guttmacher Institute and Professor Sara Rosenbaum in support of the Government filed. VIDED.

Brief amici curiae of American Jewish Committee, et al. in support of the Government filed. VIDED.

Brief amici curiae of Religious Organizations in support of the Government filed. VIDED.

Brief amici curiae of National Women's Law Center, et al. in support of the Government filed. VIDED.

Brief amici curiae of 91 Members of the United States House of Representatives in support of the Government filed. VIDED.

Brief amici curiae of American College of Obstetricians and Gynecologists, et al. in support of the Government filed. VIDED.

Brief amici curiae of Foreign and Comparative Law Experts Lawrence O. Gostin, et al. in support of the Government filed. VIDED.

Brief amici curiae of Corporate and Criminal Law Professors in support of the Government filed. VIDED.

Brief amici curiae of California, et al. in support of the Government filed. VIDED.

Brief amici curiae of National League of Cities, et al. in support of the Government filed. VIDED.

Brief amici curiae of Ovarian Cancer National Alliance, et al. in support of the Government filed. VIDED.

Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. in support of the Government filed. VIDED.

Brief amicus curiae of Family Research Council in support of non-Government parties filed. VIDED.

Brief amicus curiae of Liberty Institute in support of non-Government parties filed. VIDED.

Brief amici curiae of Breast Cancer Prevention Institute, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of 9 Academic Institutions, et al. in support of non-Government parties filed. VIDED.

Brief amicus curiae of Texas Black Americans for Life, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Church-State Scholars Frederick Mark Gedicks, et al. in support of the Government filed. VIDED.

Brief amici curiae of Liberty, Life, and Law Foundation, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Free Speech for People, et al. in support of the Government filed.

Brief amicus curiae of Hon. Daniel H. Branch in support of non-Government parties filed. VIDED.

Brief amici curiae of Senators Orrin G. Hatch, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Democrats for Life of America and Bart Stupak in support of non-Government parties filed. VIDED.

Brief amici curiae of Michigan, Ohio, and 18 Other States in support of non-Government parties filed. VIDED.

Brief amici curiae of Drury Development Corp., et al. in support of non-Government parties filed. VIDED.

Brief amicus curiae of National Association of Evangelicals in support of non-Government parties filed. VIDED.

Brief amicus curiae of American Freedom Law Center in support of non-Government parties filed. VIDED.

Brief amici curiae of Center for Constitutional Jurisprudence, et al. in support of non-Government parties filed. VIDED.

Brief amici curiae of Reproductive Research Audit in support of non-Government parties filed. VIDED.

Brief amici curiae of Azusa Pacific University, et al. in support of neither party filed. VIDED.

Brief amicus curiae of Tri Valley Law, PC in support of non-Government parties filed.

Brief amici curiae of Pacific Legal Foundation, et al. in support of non-Government parties filed. VIDED.

Record received from U.S.C.A. 3rd Circuit, the record is electronic.

Joint appendix filed. (Statement of costs filed.)

Brief of petitioners Conestoga Wood Specialties Corporation, et al. filed.

SET FOR ARGUMENT ON Tuesday, March 25, 2014. VIDED

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

All briefs for an amicus curiae must be filed on or before Tuesday, January 28, 2014. An amicus curiae brief in support of the Government or in support of neither party shall bear a light green cover, and an amicus curiae brief in support of a non-Government party shall bear a dark green cover. An amicus curiae may file only a single brief in case Nos. 13-354 and 13-356. VIDED

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

Letter from counsel for respondents Hobby Lobby Stores, Inc., et al. regarding briefing. VIDED

Letter from counsel for Sebelius, Sec. of H&HS, et al. regarding briefing filed. VIDED

Letter from counsel for petitioner Conestoga Wood Specialties Corp., et al. regarding briefing filed.

Petition GRANTED. The petition for a writ of certiorari in No. 13-354. The cases are consolidated and a total of one hour is allotted for oral argument.

Letter of November 12, 2013, from counsel for petitioners received. (Distributed)

Reply of petitioners Conestoga Wood Specialties Corporation, et al. filed. (Distributed)

DISTRIBUTED for Conference of November 26, 2013.

Brief of respondents Kathleen Sebelius, Secretary of Health and Human Services, et al. filed.

Brief amici curiae of Michigan, Ohio, and 16 Other States filed.

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

Brief amici curiae of Association of Gospel Rescue Missions, et al. filed. VIDED.

Brief amicus curiae of American Jewish Committee (AJC) filed. VIDED.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Petition for a writ of certiorari filed. (Response due October 21, 2013)

Parties

Conestoga Wood Specialties Corporation, et al., Petitioner, represented by David A. Cortman

Conestoga Wood Specialties Corporation, et al., Petitioner, represented by Paul D. Clement

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

Amici Curiae

38 Protestant Theologians, et al. in support of non-Government parties, Amicus Curiae, represented by Jay T. Thompson

67 Catholic Theologians and Ethicists in support of non-Government parties, Amicus Curiae, represented by D. John Sauer

91 Members of the United States House of Representatives in support of the Government, Amicus Curiae, represented by Carl Micarelli

9 Academic Institutions, et al. in support of non-Government parties, Amicus Curiae, represented by W. Cole Durham Jr.

American Center for Law & Justice, et al. in support of non-Government parties, Amicus Curiae, represented by Jay Alan Sekulow

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

American Freedom Law Center in support of non-Government parties, Amicus Curiae, represented by Robert Joseph Muise

American Jewish Committee, et al. in support of the Government, Amicus Curiae, represented by Marc D. Stern

Association of American Physicians and Surgeons, Inc., et al. in support of non-Government parties, Amicus Curiae, represented by David P. Felsher

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

Association of Gospel Rescue Missions, et al., Amicus Curiae, represented by Kimberlee Wood Colby

Azusa Pacific University, et al., Amicus Curiae, represented by Stuart J. Lark

Beverly Lahaye Institute and Janice Shaw Crouse, Ph.D. in support of non-Government parties, Amicus Curiae, represented by Catherine W. Short

Breast Cancer Prevention Institute, et al. in support of non-Government parties, Amicus Curiae, represented by Dorinda C. Bordlee

Brennan Center for Justice at N.Y.U. School of Law in support of the Government, Amicus Curiae, represented by Burt Neuborne

C12 Group, LLC in support of non-Government parties, Amicus Curiae, represented by Mark D. Davis

Cato Institute in support of non-Government parties, Amicus Curiae, represented by Kevin T. Baine

Center for Constitutional Jurisprudence, et al. in support of non-Government parties, Amicus Curiae, represented by Anthony T. Caso

Christian Booksellers Association, et al. in support of non-Government parties, Amicus Curiae, represented by Michael W. McConnell

Christian Legal Society, et al. in support of non-Government parties, Amicus Curiae, represented by Douglas Laycock

Church of the Lukumi Babalu Aye, Inc., et al. in support of non-Government parties, Amicus Curiae, represented by Alexander Dushku

Church-State Scholars Frederick Mark Gedicks, et al. in support of the Government, Amicus Curiae, represented by Frederick Mark Gedicks

Constitutional Accountability Center, Amicus Curiae, represented by Elizabeth B. Wydra

Constitutional Law Scholars in support of non-Government parties, Amicus Curiae, represented by Nathan Seth Chapman

Corporate and Criminal Law Professors in support of the Government, Amicus Curiae, represented by Ryan M. Malone

Corporate and Criminal Law Professors in support of the Government, Amicus Curiae, represented by Joshua N. Sondheimer

Council for Christian Colleges & Universities, et al. in support of non-Government parties, Amicus Curiae, represented by Matthew T. Nelson

David Boyle in support of non-Government parties, Amicus Curiae, represented by David C. Boyle

Democrats for Life of America and Bart Stupak in support of non-Government parties, Amicus Curiae, represented by Thomas C. Berg

Drury Development Corp., et al. in support of non-Government parties, Amicus Curiae, represented by Mailee R. Smith

Eagle Forum Education & Legal Defense Fund, Inc., et al. in support of non-Government parties, Amicus Curiae, represented by Lawrence J. Joseph

Eberle Communications Group, Inc., et al., Amicus Curiae, represented by Herbert W. Titus

Electric Mirror, LLC, et al. in support of non-Government parties, Amicus Curiae, represented by Scott John Ward

Ethics and Public Policy Center in support of non-Government parties, Amicus Curiae, represented by Daniel P. Collins

Family Research Council in support of non-Government parties, Amicus Curiae, represented by Erik S. Jaffe

Foreign and Comparative Law Experts Lawrence O. Gostin, et al. in support of the Government, Amicus Curiae, represented by Ruth N. Borenstein

Foundation for Moral Law in support of non-Government parties, Amicus Curiae, represented by John A. Eidsmoe

Freedom X, et al., Amicus Curiae, represented by William J. Becker Jr.

Free Speech for People, et al. in support of the Government, Amicus Curiae, represented by Ronald A. Fein

Guttmacher Institute and Professor Sara Rosenbaum in support of the Government, Amicus Curiae, represented by Walter Dellinger

Historians and Legal Scholars in support of neither party, Amicus Curiae, represented by Jonathan S. Massey

Hon. Daniel H. Branch in support of non-Government parties, Amicus Curiae, represented by Daniel H. Branch

Honorable Joseph B. Scarnati III, et al. in support of non-Government parties, Amicus Curiae, represented by Jason P. Gosselin

Independent Women's Forum in support of non-government parties, Amicus Curiae, represented by Erin Morrow Hawley

J.E. Dunn Construction Group, Inc., et al. in support of non-Government parties, Amicus Curiae, represented by Scott W. Gaylord

Jewish Social Policy Action Network, Amicus Curiae, represented by Hope S. Freiwald

Jewish Social Policy Action Network in support of the Government, Amicus Curiae, represented by Hope S. Freiwald

John A. Ryan Institute for Catholic Social Thought in support of non-Government parties, Amicus Curiae, represented by Teresa Stanton Collett

Judicial Education Project in support of non-Government parties, Amicus Curiae, represented by Carrie Campbell Severino

Julian Bond, et al., Amicus Curiae, represented by Brigitte Amiri

Knights of Columbus in support of non-Government parties, Amicus Curiae, represented by Kevin Paul Martin

Lambda Legal Defense and Education Fund, Inc., et al. in support of the Government, Amicus Curiae, represented by Thomas W. Ude Jr.

Liberty Institute in support of non-Government parties, Amicus Curiae, represented by Kelly J. Shackelford

Liberty, Life, and Law Foundation, et al. in support of non-Government parties, Amicus Curiae, represented by Deborah Dewart

Liberty University and Liberty Counsel in support of non-Government parties, Amicus Curiae, represented by Mathew D. Staver

Massachusetts Citizens for Life, Inc., et al. in support of non-Government parties, Amicus Curiae, represented by Dwight G. Duncan

Michigan, Ohio, and 18 Other States in support of non-Government parties, Amicus Curiae, represented by Aaron D. Lindstrom

National Association of Evangelicals in support of non-Government parties, Amicus Curiae, represented by Timothy Belz

National Health Law Program, et al. in support of the Government, Amicus Curiae, represented by Martha Jane Perkins

National Jewish Commission on Law and Public Affairs ("COPLA"), et al. in support of non-Government parties, Amicus Curiae, represented by Nathan Lewin

National League of Cities, et al. in support of the Government, Amicus Curiae, represented by Christine Van Aken

National Women's Law Center, et al. in support of the Government, Amicus Curiae, represented by Charles E. Davidow

Ovarian Cancer National Alliance, et al. in support of the Government, Amicus Curiae, represented by Jessica L. Ellsworth

Pacific Legal Foundation, et al. in support of non-Government parties, Amicus Curiae, represented by Timothy M. Sandefur

Professor Emeritus of Law Charles E. Rice, et al. in support of non-Government parties, Amicus Curiae, represented by Steven W. Fitschen

Religious Organizations in support of the Government, Amicus Curiae, represented by Gregory M. Lipper

Reproductive Research Audit in support of non-Government parties, Amicus Curiae, represented by Edward H. Trent

Rutherford Institute in support of non-Government parties, Amicus Curiae, represented by Dorothy Alicia Hickok

Senators Orrin G. Hatch, et al. in support of non-Government parties, Amicus Curiae, represented by Brendan M. Walsh

Texas Black Americans for Life, et al. in support of non-Government parties, Amicus Curiae, represented by Lawrence J. Joyce

The Center for Inquiry, et al. in support of the Government, Amicus Curiae, represented by Edward Tabash

The International Conferece of Evangelical Chaplain Endorsers in support of non-Government parties, Amicus Curiae, represented by Arthur A. Schulcz Sr.

Thomas More Law Center in support of nonGovernment parties, Amicus Curiae, represented by Richard Thompson

Tri Valley Law, PC in support of non-Government parties, Amicus Curiae, represented by Marc A. Greendorfer

United States Conference of Catholic Bishops in support of non-Government parties, Amicus Curiae, represented by Noel J. Francisco

United States Senators Murray, et al. in support of the Government, Amicus Curiae, represented by Catherine E. Stetson

U.S. Senators Ted Cruz, et al. in support of non-Government parties, Amicus Curiae, represented by R. Ted Cruz

U.S. Women's Chamber of Commerce, et al. in support of the Government, Amicus Curiae, represented by Michael J. Gottlieb

Westminster Theological Seminary in support of non-Government parties, Amicus Curiae, represented by Kenneth R. Wynne

Women Speak for Themselves in support of non-Government parties, Amicus Curiae, represented by Helen M. Alvare

Women's Public Policy Groups, et al. in support of non-Government parties, Amicus Curiae, represented by David R. Langdon

 
Last updated: February 16, 2016