from the United States Court of Appeals for the Third Circuit
See other cases from the Third Circuit.
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 respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed)
Supplemental brief of petitioners 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, 14-1453 & 14-1505 filed. VIDED. (Distributed)
Letter from counsel for the respondents with copy of C. A. 11th Circuit opinion attached. (Distributed) VIDED.
Record received from U.S.C.A. 3rd Circuit is electronic.
Brief amicus curiae of American Academy of Pediatrics filed. VIDED. (Distributed)
Brief amici curiae of 240 Students, Faculty, and Staff at Religiously Affiliated Universities 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 National Women's Law Center and 68 Other Organizations filed. VIDED. (Distributed)
Brief amicus curiae of Compassion & Choices filed. VIDED. (Distributed)
Brief amici curiae of The Ovarian Cancer Research Fund Alliance, et al. (2 Volumes) filed. VIDED. (Distributed)
Brief amicus curiae of Baptist Joint Committee for Religious Liberty 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 The National Health Law Program, et al. filed. VIDED. (Distributed)
Brief amici curiae of Military Historians 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 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 Scholars of Religious Liberty Sarah Barringer Gordon, et al. filed. VIDED. (Distributed)
Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED. (Distributed)
Brief amici curiae of Church-State Scholars filed. VIDED. (Distributed)
Brief amici curiae of Harvard Law School Center for Health Law and Policy Innovation, et al. filed. VIDED. (Distributed)
Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed)
CIRCULATED.
Brief amicus curiae of American Humanist Association filed. VIDED. (Distributed)
Record requested from U.S.C.A. 3rd 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 amicus curiae of Justice and Freedom Fund 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 Congress filed. VIDED.
Brief amicus curiae of Ethics and Public Policy Center filed. VIDED.
Brief amici curiae of Texas, et al. 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 amici curiae of National Association of Evangelicals, 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 amicus curiae of Council for Christian Colleges and Universities filed. VIDED.
Brief amici curiae of Cato Institute and Independent Women's Forum filed. VIDED.
Brief amici curiae of 50 Catholic Theologians and Ethicists filed. VIDED.
Brief amici curiae of Association of American Physicians & Surgeons, et al. 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 David Boyle filed. VIDED.
Brief amici curiae of ACNA Jurisdiction of the Armed Forces and Chaplaincy, et al. filed. VIDED.
Brief amici curiae of Thirteen Law Professors 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 Southern Baptist Theological Seminary, et al. filed. VIDED.
Brief amici curiae of Christian Legal Society, et al. 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 amicus curiae of the Breast Cancer Prevention Institute filed. VIDED.
Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED.
Brief amici curiae of Orthodox Jewish Rabbis filed. VIDED.
Brief of Petitioners in Nos.14-1418, 14-1453 & 14-1505 filed. VIDED.
Joint appendix filed. ( 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
Briefing proposal of the parties received. VIDED
Petition 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, 15-35, 15-119 and 15-191 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. .
Letter from The Clerk to counsel for the parties requesting a joint briefing proposal by 1 p.m., Monday, November 16, 2015. VIDED
Letter dated September 30, 2015, received from counsel for the respondent. VIDED.
Supplemental brief of petitioners David A. Zubik, et al. filed.
Reply of petitioners David A. Zubik, et al. filed.
Letter and attached Opinion of the United States Court of Appeals for the Sixth Circuit received from counsel for the respondent. VIDED.
Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. in opposition filed. VIDED.
Order further extending time to file response to petition to and including August 20, 2015.
Order extending time to file response to petition to and including August 3, 2015.
The application for an order recalling and staying the issuance of the mandate of the Court of Appeals pending the filing and disposition of a petition for a writ of certiorari, having been submitted to Justice Alito and by him referred to the Court, the application as presented is denied. The Court furthermore orders: If the applicants ensure that the Secretary of Health and Human Services is in possession of all information necessary to verify applicants� eligibility under 26 CFR �54.9815-2713A(a) or 29 CFR �2590.715-2713A(a) or 45 CFR �147.131(b) (as applicable), the respondents are enjoined from enforcing against the applicants the challenged provisions of the Patient Protection and Affordable Care Act and related regulations pending final disposition of their petition for certiorari. Nothing in this interim order affects the ability of the applicants� or their organizations� employees to obtain, without cost, the full range of FDA approved contraceptives. Nor does this order preclude the Governme...
Application (14A1065) referred to the Court.
Letter dated June 23, 2015, from counsel for respondent received.
Petition for a writ of certiorari filed. (Response due July 2, 2015)
Letter dated May 21, 2015, from counsel for respondent received.
Reply of applicant David A. Zubik, et al. filed.
Response to application from respondent Sylvia Burwell, Secretary of Health and Human Services, et al. filed.
Application (14A1065) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Alito.
UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the mandate of the United States Court of Appeals for the Third Circuit, case Nos. 14-1376 & 14-1377, issued April 15, 2015, is hereby recalled and stayed pending receipt of a response, due on or before April 20, 2015, and further order of the undersigned or of the Court.
David A. Zubik, et al., Petitioner, represented by Paul M. Pohl
Sylvia Burwell, Secretary of Health and Human Services, et al., Respondent, represented by Donald B. Verrilli Jr.
123 Members of the United States Congress, Amicus Curiae, represented by David A. O'Neil
207 Members of Congress, 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 Chaplancy, et al., Amicus Curiae, represented by Scott W. Gaylord
Alabama and Texas, Amicus Curiae, represented by Andrew L. Brasher
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 and Surgeons, et al., Amicus Curiae, represented by Mailee R. Smith
Baptist Joint Committee for Religious Liberty, Amicus Curiae, represented by Douglas Laycock
Bart Stupak, et al., Amicus Curiae, represented by John C. Eastman
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
Cato Institute and Independent Women's Forum, Amicus Curiae, represented by Ilya Shapiro
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
Guttmacher Institute, and Professor Sara Rosenbaum, Amicus Curiae, represented by Anna-Rose Mathieson
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 Historians, 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 Center for Inquiry, and American Atheists, Amicus Curiae, represented by Edward Tabash
The National Health Law Program, et al., Amicus Curiae, represented by Jane Perkins
The Ovarian Cancer Research Fund Alliance, et al., 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. VIDED., 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