Religious and Moral

The religious contraception rule and the moral contraception rule

Challenges to the contraception rules: California, Massachusetts, Pennsylvania.

The religious contraception rule and the moral contraception rule

Religious contraception rule, 82 Fed. Reg. 47792 (October 13, 2017)

Moral contraception rule, 82 Fed. Reg. 47838 (October 13, 2017)

2017-21852

Title X program integrity proposed rule (with proposed redefinition of “low-income”), 83 Fed. Reg. 25502 (June 1, 2018)
Final religious contraception rule (non Federal Register version released November 7, 2018), 83 Fed. Reg. 57536 (Nov. 15, 2018)
Final moral contraception rule (non Federal Register version released November 7, 2018), 83 Fed. Reg. 57592 (Nov. 15, 2018)

Challenges to the contraception rules: California, Massachusetts, Pennsylvania

Below: a case on nationwide relief in an APA suit.

 

California

ACLU v. Wright, No. 3:17-cv-5772 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Related to 5783 (below), November 6, 2017

California v. Wright, No. 3:17-cv-5783 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Motion for preliminary injunction, November 9, 2017

Little Sisters motion to intervene, November 21, 2017

Govt op to PI, November 29, 2017

Pltfs op to LS interv, December 6, 2017

Little Sisters’ proposed PI op, December 6, 2017

Pltfs PI reply, December 6, 2017, with declaration and ? FOIA info ?

C CAvT States’ Reply ISO PI .Decl Sharita Gruberg FOIA

March for Life EDF motion to intervene, December 8, 2017

CAvT March Life interv mo file0.45637019704203

Little Sisters interv reply, December 11, 2017

Preliminary injunction order, December 21, 2017

Plaintiffs’ op to March for Life motion to intervene, December 22, 2017

Order allowing Little Sisters to intervene, December 29, 2017

March for Life request to expedite [?] its intervention motion, January 17, 2018

Order granting March for Life intervention, January 26, 2018

Little Sisters appeal from PI order, January 26, 2018 (9th Cir. 18-15144)

March for Life appeal from PI order, January 31, 2018 (9th Cir. 18-15166)

US appeal from PI order, February 16, 2018

US appeal, 18-15255

Consolidation order in Ninth Circuit, March 7, 2018

 

Trial court stipulation for stay, March 8, 2018

Stay order, March 8, 2018

US opening brief, April 9, 2018

Little Sisters opening brief, April 9, 2018

March for Life opening brief, April 9, 2018

First Liberty Institute amicus, April 16, 2018

Con law scholars amicus, April 16, 2018

Religious Sisters of Mercy amicus, April 16, 2018

Appellees’ brief, May 21, 2018

NWLC amicus, May 25, 2018

 

AAUW amicus, May 25, 2018

CRR amicus, May 29, 2018

HPO amicus, May 29, 2018

Mass amicus, May 29, 2018

Ad Law Profs amicus, May 29, 2018

17 Cities amicus, May 29, 2018

AUSCS amicus, May 29, 2018

 

ACLU amicus, May 29, 2018

PP amicus, May 29, 2018

USWCC amicus, May 29, 2018

US reply, June 11, 2018

Little Sisters reply, June 11, 2018

March for Life reply, June 11, 2018

US additional authority (nationwide injunctions), August 7, 2018

Calif additional authority (nationwide injunctions), August 16, 2018

Calif v Trump addl auth 8 16

Calif additional authority (progress of regs), October 24, 2018

 

9C CAvT pltf supp auth regs

Little Sisters additional authority (progress of regs), October 25, 2018

9C CAvT Little Sisters supp auth regs

Ninth Circuit supplemental briefing order, October 25, 2018

9C CAvT supp briefing order

March for Life oral argument statement correction, October 25, 2018

9C CAvT Baylor correction

Parties’ joint request for extension of time, November 8, 2018

9C CAvT joint new rules brief xt request

US supplemental brief, with attached rules, November 16, 2018

C 9C CAvT US supplemental brief

Plaintiff states’ supplemental brief, November 16, 2018

C 9C CAvT plaintiff states’ supplemental brief

Little Sisters’ supplemental brief, November 16, 2018

C 9c CAvT Little Sisters supplemental brief

March for Life supplemental brief, November 16, 2018

C 9C CAvT March for Life supplemental brief

Ninth Circuit opinion, December 13, 2018

18-15144

Scheduling order, December 17, 2018

file0.262677307278988

Amended complaint, December 18, 2018

CAvT amended complaint merged_65375_-1-1545330966

Motion for preliminary injunction and memo, December 19, 2018

CAvT second PI motion and memo file0.217657690207613

Declarations

Declaration Anderson

Anderson file0.317354164823097

Declaration Arensmeyer

Arensmeyer file0.761965478808758

Declaration Bates

Bates file0.886405747422156

Declaration Cantwell

Cantwell file0.116827545725879

Declaration Chance

Chance file0.251616968345967

Declaration Custer

Custer file0.628850483606708

Declaration Alexander-Scott

Alexander-Scott file0.231772186971408

Declaration Childs-Roshak

Childs-Roshak file0.332510439018858

Declaration Zerzan-Thul

Zerzan-Thul file0.689866293492866

Declaration Durso

Durso file0.728767691451264

Declaration Dutton

Dutton file0.108424532265541

Declaration Gallagher

Gallagher file0.555493757399869

Declaration Gobielle

Gobielle file0.733454325041873

Declaration Grossman

Grossman file0.625738063399819

Declaration Hollier

Hollier file0.443623553999839

Declaration Ikemoto

Ikemoto file0.758813533038971

Declaration Jones

Jones file0.705891527273831

Declaration Kish

Kish file0.838895997070846

Declaration Kost

Kost file0.546733064848137

Declaration Kreidler

Kreidler file0.301949331109551

Declaration Lytle-Barnaby

Lytle-Barnaby file0.136473150263679

Declaration Maisen

Maisen

Declaration Moracco

Moracco file0.292987955539626

Declaration Navarro

Navarro file0.569365062789199

Declaration Nelson

Nelson file0.260978787244436

Declaration Nguyen

Nguyen file0.0641885607420924

Declaration Peterson

Peterson file0.512021219861833

Declaration Pomales

Pomales file0.680357862302241

Declaration Rabinovitz

Rabinovitz file0.767930927491886

Declaration Rattay

Rattay file0.212032760764611

Declaration Russell

Russell file0.337950409661186

Declaration Skinner

Skinner file0.773976089471159

Declaration Tobias

Tobias file0.0123321521479163

Declaration Tosh

Tosh file0.709641547679109

Declaration Welch

Welch file0.863394938913313

Declaration Werberg

Werberg file0.427053718167496

Declaration Whorley

Whorley file0.356741684527275

Declaration Wilson

Wilson file0.704739153656316

US motion for stay, December 26, 2018

merged_70315_-1-1545849364

Little Sisters motion for extension of time to answer, December 26, 2018

merged_60046_-1-1545922112

12/27/2018 183 Order denying 180 Motion to Stay; granting 180 Motion for Extension of Time to Answer entered by Judge Haywood S Gilliam, Jr. Given the impending January 14, 2019 effective date of the challenged rules, a stay of these proceedings is not feasible. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/27/2018)

US opposition to preliminary injunction, January 3, 2019

file0.415313268817169

Little Sisters opposition to preliminary injunction, January 3, 2019

merged_65229_-1-1546571358

Corrected Little Sisters opposition, 1/10

merged_31249_-1-1547152804

March for Life opposition to preliminary injunction, January 3, 2019

file0.955797652053786

Supplemental administrative record, January 7, 2019

merged_31878_-1-1546966161

Oregon motion to intervene, with Rimberg declaration, January 7, 2019

file0.440989582372037

file0.926495747446221

US Women’s Chamber of Commerce amicus, lodged January 7, 2019

merged_93230_-1-1546966437

American Nurses Association amicus, lodged January 7, 2019

merged_98877_-1-1546966545

National Women’s Law Center amicus, lodged January 7, 2019

merged_98877_-1-1546966545

AAUW amicus, corrected version lodged January 8, 2019

file0.378882109225867

Massachusetts amicus, finally filed January 11, 2019

file0.744662574763549

Plaintiffs’ reply supporting preliminary injunction, January 8, 2018

file0.370586387618584

Preliminary injunction order, January 13, 2019

file0.0894215591635081

Little Sisters notice of appeal, January 13, 2019

file0.327719040719

Little Sisters appeal # 19-15072

Ninth Circuit 18-15255 US motion to extend deadline to file for rehearing, January 14, 2019

9c cavt us mo to extend rehearing filing deadline

Ninth Circuit 18-15255 plaintiff op to extending deadline, January 16, 2019

9c cavt pltf rhb stay op

Order extending deadline, January 17, 2019

9c cavt rhb stay

US non-response to Oregon motion to intervene, January 18, 2019

file0.928185825507295

March for Life opposition to Oregon motion to intervene, January 22, 2019

file0.965408786471141

US notice of appeal, January 23, 2019

[]

US motion to lift rehearing stay, January 24, 2019

9c cavt us lift rehearing stay mo

March for Life notice of appeal, January 28, 2019

[]

Oregon reply supporting intervention, January 28, 2019

file0.192222306543169

Ninth Circuit order resetting rehearing en banc deadline, January 28, 2019

9c cavt order resetting rheb deadline

District Court order allowing Oregon to intervene under FRCP 24(b), February 1, 2019

file0.89392730015437

Scope of briefing and record proposals — Little Sisters, February 12, 2019

file0.465980144255933

Scope of briefing and record proposals — US, February 12, 2019

file0.681915658797276

Scope of briefing and record proposals — March for Life, February 12, 2019

file0.529128914504451

Scope of briefing and record proposals — plaintiff States, February 12, 2019

file0.781054505418194

 

 

Massachusetts

Com. of Mass. v. Wright, No. 1:17-cv-11930 (D. Mass.)
Complaint, October 6, 2017

Amended complaint, November 16, 2017

Memo for summary judgment, November 17, 2017

US SJ xmo, op, motion to dismiss, December 8, 2017

Commonwealth combined SJ reply XSJ op dismissal op, January 19, 2018

Order denying intervention, January 29, 2018

US reply, February 8, 2018

Summary judgment order on standing, March 12, 2018

Judgment, April 4, 2018

Notice of appeal, May 29, 2018

First Circuit # 18-1514

Opening brief, September 17, 2018

Health professional organizations amicus, September 21, 2018

Center for Reproductive Rights amicus, September 21, 2018

Guttmacher amicus, September 24, 2018

ACLU amicus, September 24, 2018

Public Health Scholars amicus, September 24, 2018

AAUW amicus, September 24, 2018

Santa Clara County amicus, September 24, 2018

NWLC amicus, September 24, 2018

Pennsylvania and other states amicus, September 24, 2018

1C PA amicus

Planned Parenthood amicus, September 24, 2018

1C Planned Parenthood amicus

Ernest A. Young amicus, October 16, 2018

1C MA v. T amicus Ernest A. Young

Unopposed US request for postponement, stay, November 8, 2018

1C MA v. T US letter re staying briefing

1C MA v. T US motion staying briefing

Order staying briefing, November 14, 2018

1C MA v. T order staying briefing

Defendants’ proposal for litigating out the standing issue, November 20, 2018

Document 21

Commonwealth’s agreement to litigating out the standing issue, December 7, 2018

1C MA v. T com’s response what next

US reply on further proceedings, December 11, 2018

1C MA v. T federal reply on further proceedings

Order for continued briefing, December 21, 2018

1C order for continued briefing

Motion for extension of time, December 26, 2018

1C MA v. T US motion stay govt shut

Commonwealth opposition to motion for extension of time, January 3, 2018

1c ma v. t comm stay response

Order staying briefing, January 8, 2019

1c ma v. t order staying shutdown

US letter re shutdown, January 24, 2019

1c ma v. t us letter re shutdown

US notice of restored funding, January 28, 2019

1c mavt notice of restoration of funding

Order resetting briefing schedule, January 29, 2019

1c ma v. t order resetting

US appellee brief, February 4, 2019

1C US appellee brief

 

Pennsylvania

 

Com. of Pennsylvania v. Trump, No. 2:17-cv-4540 (E.D. Pa.)

Complaint, October 11, 2017

PI memo, November 2, 2017

PI op, November 16, 2017

US motion to dismiss, November 16, 2017

Little Sisters interv memo, November 22, 2017

PI reply, November 27, 2017

ACLJ amicus, November 28, 2017

Calif Women Lawyers amicus, November 28, 2017

Massachusetts et al amicus, November 28, 2017

PA opposition to motion to dismiss, November 30, 2017

US dismissal reply, December 7, 2017

LS intervention reply, December 7, 2017

Order denying Little Sisters intervention, December 7, 2017

Little Sisters appeal # 17-3679
Govt motion in limine re administrative record, December 11, 2017

Plaintiff’s op to motion in limine, December 13, 2017

Govt reply re motion in limine, December 13, 2017

Order denying motion in limine, December 13, 2017

Opinion granting PI, December 15, 2017

PI order, December 15, 2017

Little Sisters protective notice of appeal, December 15, 2017

Little Sisters appeal # 17-3752

US appeal February 6, 2018, #18-1253

 

US motion for stay in trial court, February 8, 2018

Order granting stay in trial court, February 9, 2018

US appeal 18-1253

 

Third Circuit proceedings from April 2018 on:

Third Circuit opinion in 17-3679 on intervention, April 24, 2018

 

Third Circuit reversal order, April 24, 2018

Third Circuit scheduling order, June 20, 2018
US Third Circuit opening brief, September 21, 2018
Little Sisters Third Circuit opening brief, September 21, 2018
Consent motion to stay briefing schedule, November 19, 2018
Third Circuit stay order to 11/28/2018, November 20, 2018
PA motion, November 28, 2018
US motion, November 28, 2018
Little Sisters motion, November 28, 2018
Little Sisters response, December 4, 2018
US response, December 6, 2018
PA response, December 10, 2018
PA reply, December 13, 2018
Little Sisters reply, December 17, 2018
Third Circuit order, January 9, 2019
District court proceedings from April 2018 on:

District court order vacating Little Sisters order, May 10, 2018

McElvain withdrawal, July 2, 2018

15585495-0–394

District court PA motion to lift stay, November 26, 2018

merged_61760_-1-1543416516

Federal non op to lifting stay and status conference 12/13, December 7, 2018

15894959-0–28691

Little Sisters op to lifting stay, December 10, 2018
Opinion and order lifting stay, December 14, 2018
12/14/2018 MOTION HEARING SET FOR 1/10/2019 09:00 AM IN COURTROOM BEFORE HONORABLE WENDY BEETLESTONE. (mbh, ) (Entered: 12/18/2018)
Commonwealth’s second motion for preliminary injunction, December 18, 2018
Index of exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit O
Exhibit P
Exhibit Q
Exhibit R
Exhibit S
Exhibit T
Exhibit U
Exhibit V
Exhibit W
Exhibit X
US motion for stay, December 26, 2018
Little Sisters motion for extension of time to answer, December 26, 2018
Commonwealth’s opposition to stay, December 27, 2018
US reply supporting stay, December 28, 2018
US opposition to preliminary injunction, January 3, 2019
[Motion to allow excess pages
[Proposed US opposition with excess pages
Little Sisters opposition to preliminary injunction, January 3, 2019
Errata re statement of issues, January 10, 2019
US motion to supplement record, with record additions, January 7, 2019
American Nurses Association amicus, lodged January 7, 2019
U.S. Women’s Chamber of Commerce amicus, lodged January 7, 2019
National Women’s Law Center amicus, lodged January 7, 2019
American Ass’n of University Women amicus, lodged January 7, 2019
Pennsylvania/New Jersey reply, January 7/8, 2019
Pennsylvania notice of California decision, January 14, 2019
Preliminary injunction opinion, January 14, 2019
Injunction
Little Sisters notice of appeal, January 14, 2019
# 19-1129
US appeal, January 23, 2019
Third Circuit order directing briefing schedule, January 24, 2019
Proposed briefing schedule, January 28, 2019
Order on briefing limits, February 1, 2019
02/01/2019 TEXT ONLY ORDER (Clerk) Action on the requests for leave to file overlength briefs and for expedited disposition is hereby deferred. Within seven (7) days of the date of this order, the parties must file a supplemental motion providing the justification required under the Court’s January 9, 2012 Standing Order regarding motions to exceed the word limitations of the Federal Rules of Appellate Procedure. The parties must also clarify if the 16,000 word Appellants’ briefs will be in addition to the briefs filed on September 21, 2018, or in place of those briefs. The parties should not file any briefs until the Court has ruled on the pending requests. It is noted that the record does not have to be filed by the District Court as it is available electronically. [17-3752, 18-1253, 19-1129, 19-1189] (HAG) [Entered: 02/01/2019 10:51 AM]
US District Court motion to stay trial court proceedings, February 14, 2019
US appellant’s brief, February 15, 2019
Little Sisters appellant’s brief, February 15, 2019
A case on nationwide relief in an APA suit (pages 273-74)
State of New York v. U.S. Dep’t of Commerce, No. 1:18-cv-2921 (S.D. N.Y., Jan. 15, 2019)