The religious contraception rule and the moral contraception rule
Challenges to the contraception rules: California, Massachusetts, Pennsylvania.
Validation of the contraception rules: Northern Texas
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)
Challenges to the contraception rules: California, Massachusetts, Pennsylvania
Below: a case on nationwide relief in an APA suit.
THE PENNSYLVANIA V. TRUMP CASE, FROM THIRD CIRCUIT DECISION THROUGH THE ORDERS GRANTING CERT
| Oct 24 2019 | Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019. |
| Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020. |
FRIDAY, JANUARY 17, 2020
) ) )
LITTLE SISTERS OF THE POOR V. PENNSYLVANIA, ET AL.TRUMP, PRESIDENT OF U.S., ET AL. V. PENNSYLVANIA, ET AL.
The petitions for writs of certiorari are granted.
The cases are consolidated, and a total of one hour is allotted for
oral argument.
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 additional authority (progress of regs), October 24, 2018
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
March for Life oral argument statement correction, October 25, 2018
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
Scheduling order, December 17, 2018
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
Declaration Cantwell
Cantwell file0.116827545725879
Declaration Chance
Declaration Custer
Declaration Alexander-Scott
Alexander-Scott file0.231772186971408
Declaration Childs-Roshak
Childs-Roshak file0.332510439018858
Declaration Zerzan-Thul
Zerzan-Thul file0.689866293492866
Declaration Durso
Declaration Dutton
Declaration Gallagher
Gallagher file0.555493757399869
Declaration Gobielle
Gobielle file0.733454325041873
Declaration Grossman
Grossman file0.625738063399819
Declaration Hollier
Declaration Ikemoto
Declaration Jones
Declaration Kish
Declaration Kost
Declaration Kreidler
Kreidler file0.301949331109551
Declaration Lytle-Barnaby
Lytle-Barnaby file0.136473150263679
Declaration Maisen
Declaration Moracco
Declaration Navarro
Declaration Nelson
Declaration Nguyen
Declaration Peterson
Peterson file0.512021219861833
Declaration Pomales
Declaration Rabinovitz
Rabinovitz file0.767930927491886
Declaration Rattay
Declaration Russell
Declaration Skinner
Declaration Tobias
Declaration Tosh
Declaration Welch
Declaration Werberg
Declaration Whorley
Declaration Wilson
US motion for stay, December 26, 2018
Little Sisters motion for extension of time to answer, December 26, 2018
| 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
Little Sisters opposition to preliminary injunction, January 3, 2019
Corrected Little Sisters opposition, 1/10
March for Life opposition to preliminary injunction, January 3, 2019
Supplemental administrative record, January 7, 2019
Oregon motion to intervene, with Rimberg declaration, January 7, 2019
US Women’s Chamber of Commerce amicus, lodged January 7, 2019
American Nurses Association amicus, lodged January 7, 2019
National Women’s Law Center amicus, lodged January 7, 2019
AAUW amicus, corrected version lodged January 8, 2019
Massachusetts amicus, finally filed January 11, 2019
Plaintiffs’ reply supporting preliminary injunction, January 8, 2018
Preliminary injunction order, January 13, 2019
Little Sisters notice of appeal, January 13, 2019
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
Order extending deadline, January 17, 2019
US non-response to Oregon motion to intervene, January 18, 2019
March for Life opposition to Oregon motion to intervene, January 22, 2019
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
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
Scope of briefing and record proposals — Little Sisters, February 12, 2019
Scope of briefing and record proposals — US, February 12, 2019
Scope of briefing and record proposals — March for Life, February 12, 2019
Scope of briefing and record proposals — plaintiff States, February 12, 2019
Oregon complaint in intervention and joinder in PI motion, February 21, 2019
US 9th Circuit opening brief, February 25, 2019
March for Life 9th Circuit opening brief, February 25, 2019
9C CAvT March for Life opening brief
Little Sisters 9th Circuit opening brief, February 25, 2019
9C CAvT Little Sisters opening brief
States’ motion for extension of time to file answering brief, February 28, 2019
Little Sisters’ opposition to States’ extension, March 1, 2019
9C CAvT 2 Little Sisters op to xt
Residents of Little Sisters amicus, March 4, 2019
Texas et al amicus, March 4, 2019
Con Law Scholars amicus, March 4, 2019
9C CAvT 2 Con Law Scholars amicus
First Liberty Institute amicus, March 4, 2019
9C CAvT 2 First Liberty amicus
Religious Sisters of Mercy amicus, March 4, 2019
9C CAvT 2 Religious Sisters of Mercy amicus
Little Sisters cert petition, March 13, 2019
20190313152230556_No.-__ Cert Petition only
Colorado, et al., motion to intervene/proposed complaint, March 15, 2019
Appellants’ motion to expedite appeal, March 18, 2019
CAvT 2 appellants’ motion to expedite appeal
| 03/22/2019 | 297 | ORDER by Judge Haywood S. Gilliam, Jr. DENYING Plaintiff-Intervenor State of Oregon’s 288 request for joinder in the States’ preliminary injunction motion, because it was filed after the Court entered its order granting the preliminary injunction motion. If Oregon intends to seek preliminary relief, it must file a noticed motion that complies with the requirements of Civil Local Rule 7-2. In the alternative, if Defendants and Intervenors do not oppose the extension of the Court’s January 13, 2019 preliminary injunction order to the State of Oregon, without prejudice to any objections or appellate issues they may have regarding any aspect of that order, the parties should file a stipulation to that effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 3/22/2019) (Entered: 03/22/2019) |
US op to Colorado intervention, March 28, 2019
Little Sisters op to Colorado intervention, March 28, 2019
Colorado intervention reply, April 4, 2019
US waiver of right to respond to Little Sisters cert petition, April 8, 2019
20190408182301378_Waiver Letter 18-1192
States’ request for extension within which to respond to Little Sisters’ cert petition, April 8, 2019
20190408140007532_18-1192 Request for Extension of Time final
States’ appellees’ brief, April 15, 2019
ACLU amicus, April 19, 2019
Program for Study of Reproductive Justice amicus, April 19, 2019
9C Program for Reproductive Justice amicus
[Many amicus briefs]
Ninth Circuit order for briefing on Pennsylvania nationwide injunction, April 29, 2019
Plaintiffs’ summary judgment motion, April 30, 2019
Oregon motion for preliminary injunction, April 30, 2019
US appellants’ reply brief, May 6, 2019
Little Sisters appellant’s reply brief, May 6, 2019
9C CAvT 2 Little Sisters reply
March for Life appellant’s reply brief, May 6, 2019
9C CAvT 2 March for Life reply
Planned Parenthood amicus, May 9, 2019
[Other amicus briefs]
California cert opposition, May 13, 2019
20190513132049849_No. 18-1192 Opposition for printing
US PI opposition, May 14, 2019
Little Sisters oppositions, May 14, 2019
US supplemental, May 20, 2019
March for Life supplemental, May 20, 2019
9C CAvT 2 March for Life suppl
Little Sisters supplemental, May 20, 2019
9C CAvT 2 Little Sisters suppl
Plaintiffs’ supplemental, May 20, 2019
Oregon PI reply, with declaration, May 21, 2019
9C plaintiffs’ additional authority (Mass. standing case), May 24, 2019
Little Sisters cert reply, May 29, 2019
20190529113953119_18-1192ReplyBriefOfPetitioners
US summary judgment opposition and motion to dismiss/motion for summary judgment, May 31, 2019
March for Life summary judgment opposition and motion to dismiss/motion for summary judgment, May 31, 2019
Little Sisters summary judgment opposition/motion to dismiss, etc., May 31, 2019
US apology for not attending hearing on intervention motion, June 7, 2019
Little Sisters apology for not attending hearing on intervention motion, June 7, 2019
March for Life apology for not attending hearing on intervention motion, June 7, 2019
Ninth Circuit Little Sisters notice re DeOtte, June 10, 2019
9C Little Sisters letter re DeOtte
Trial level Little Sisters notice re DeOtte, June 10, 2019
Supreme Court Little Sisters Supplemental Brief, June 10, 2019
20190610135129183_No. 18-1192 Supplemental Brief
US letter re Third Circuit questions, June 14, 2019
States’ opposition/reply, July 1, 2019
[Many declarations]
Order extending injunction to Oregon, July 2, 2019
Plaintiffs’ additional authority (Third Circuit), July 16, 2019
LS response to additional authority, July 24, 2019
9C LS addl authority response (PA)
US reply, August 1, 2019
Little Sisters reply, August 1, 2019
March for Life reply, August 1, 2019
Plaintiffs’ sur-reply, August 15, 2019
| 08/30/2019 | 396 | ORDER by Hon. Haywood S. Gilliam, Jr. VACATING the hearing scheduled for September 5, 2019, at 2:00 p.m., and taking the pending motions [311,366,368,370] under submission. The Court notes that there is a nationwide injunction currently in place, issued by the Eastern District of Pennsylvania and affirmed by the Third Circuit. The Court DIRECTS the parties to notify it within 24 hours of any substantive development related to the injunction. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 8/30/2019) (Entered: 08/30/2019) |
Ninth Circuit opinion, October 22, 2019
Letter re extension for Little Sisters to petition for cert to 2/19/20, December 23, 2019
Supreme Court extension 12 23 19
Letter re extension for US to petition for cert to 2/19/20, January 8, 2020
“Notice of Development” (Penn. grant of cert), January 21, 2020
| 01/22/2020 | 411 | ORDER by Hon. Haywood S. Gilliam, Jr. STAYING this action and holding all pending motions in abeyance in light of the Supreme Court granting certiorari in Little Sisters of the Poor v. Pennsylvania, Case No. 19-431, and Trump v. Pennsylvania, Case No. 19-454. The Court further DIRECTS the parties to submit a joint status report within ten days of the Supreme Court’s opinions in these cases. The clerk is directed to administratively close the case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 1/22/2020) (Entered: 01/22/2020) |
Not now filed in the case
Letter from California AG to Secretary Azar, September 18, 2019
09-18-19_us_dept_of_hhs_labor_treasury_17-522_-_final_-_california_v_azar
Indiana
Irish 4 Reproductive Health v. U.S. D.H.H.S., No. 3:18-cv-491 (N.D. Ind.)
Complaint, with appendix listing cases settled, June 26, 2018
Note: the Notre Dame case was University of Notre Dame v. Hargan, No. 3:13-cv-1276 (N.D. Ind.)
[]
Order on motions to dismiss, January 16, 2020
US motion for stay, February 5, 2020
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
Planned Parenthood amicus, September 24, 2018
Ernest A. Young amicus, October 16, 2018
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
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
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
US appellee brief, February 4, 2019
Commonwealth reply brief, February 25, 2019
Opinion, May 2, 2019
Amended complaint, July 8, 2019
Proposed scheduling order, July 18, 2019
Motion for summary judgment, memo, declarations, July 31, 2019
ACLU amicus, August 15, 2019
US motion/memo to dismiss, or for summary judgment, August 30, 2019
MAvT US motion to dismiss 8 30 19
MAvT US memo motion to dismiss or sj 8 30 19
Commonwealth’s dismissal opposition and summary judgment reply, September 26, 2019
US reply, October 21, 2019
Plaintiff’s supplemental authority (Calif.), October 25, 2019
MAvT 2 pltf notice addl auth 9C
US consent motion for stay, February 5, 2020
Motion for stay “allowed,” February 7, 2020
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
District court order vacating Little Sisters order, May 10, 2018
McElvain withdrawal, July 2, 2018
District court PA motion to lift stay, November 26, 2018
Federal non op to lifting stay and status conference 12/13, December 7, 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) |
| 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] |
| 07/19/2019 | 228 | NOTICE OF STATUS CONFERENCE CALL (FOLLOWING A THIRD CIRCUIT DECISION) – TUESDAY, JULY 23, 2019 AT 3:30 P.M. COUNSEL FOR PLAINTIFF SHALL INITIATE THE CALL AND ONCE ALL PARTIES ARE ON THE LINE CALL IN TO CHAMBERS AT 267-299-7450 TO CONNECT THE JUDGE. THANK YOU. (amw, ) (Entered: 07/19/2019) |
| Oct 24 2019 | Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2019. |
| Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020. |
FRIDAY, JANUARY 17, 2020
) ) )
LITTLE SISTERS OF THE POOR V. PENNSYLVANIA, ET AL.TRUMP, PRESIDENT OF U.S., ET AL. V. PENNSYLVANIA, ET AL.
The petitions for writs of certiorari are granted.
The cases are consolidated, and a total of one hour is allotted for
oral argument.
