2022/23 HHS Proposed Rule
88 Fed. Reg. 820 (Jan. 5, 2023)
Non Federal Register version, December 29, 2022
Press release, December 29, 2022
Comments from Sen. Lankford and others, March 6, 2023
===
2019 HHS Final Rule and fact sheet
Cases challenging the HHS Final Rule: Northern California, Southern New York, Eastern Washington. Also: Skyline and Foothill; and then a related case, now a RFRA challenge to the Church Amendment, Northern Texas.
HHS, “Protecting Statutory Conscience Rights in Health Care; Delegations of Authority,” 83 Fed. Reg. 3880 (Jan. 26, 2018)
HHS, “Protecting Statutory Conscience Rights in Health Care; Delegations of
Authority,” May 2019
Non-Federal Register version
Federal Register version, 84 Fed. Reg. 23,170 (May 21, 2019)
HHS Fact sheet
final-conscience-rule-factsheet
HHS Weldon Amendment (CA) and Church Amendments (VT) press release, December 16, 2020
Cases: Northern California
City and County of San Francisco v. Azar, No. 3:19-cv-2405 (N.D. Cal.)
Complaint, May 2, 2019
Suggestion of related cases, June 3, 2019
Motion for preliminary injunction, June 3, 2019
[declarations]
Suggestion to relate 3 cases, June 6, 2019
US agreement to relate 3 cases, June 7, 2019
[Order relating 3 cases, June 13, 2019]
Scheduling order for 3 cases, June 14, 2019
Stipulation and declaration re delay in effective date of rule, June 28, 2019
Order accepting stipulation and putting PI proceedings in abeyance, June 29, 2019
Order denying as moot amicus filing request, July 1, 2019
American Center on Law and Justice amicus, August 20, 2019
US motion to dismiss, August 21, 2019
American College of Pro-Life Obstetricians and Gynecologists amicus, August 21, 2019
Plaintiffs’ notice of filings in 2769, September 12, 2019
[Amicus]
Anti-Defamation League amicus, September 12, 2019
National Center for Lesbian Rights amicus, September 12, 2019
Health Care Providers amicus, September 12, 2019
Institute for Policy Integrity amicus, September 12, 2019
Local Governments amicus, September 12, 2019
Leading Medical Organizations amicus, September 12, 2019
Scholars of the LGBT Population amicus, September 12, 2019
Court’s questions preceding next round of briefing, September 24, 2019
Reply supporting summary judgment, October 10, 2019
Court’s notice re oral argument, October 29, 2019
| 10/30/2019 | 140 | Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re (89 in 3:19-cv-02405-WHA) MOTION to Dismiss or, in the alternative MOTION for Summary Judgment, (54 in 3:19-cv-02769-WHA) MOTION to Dismiss or, in the alternative MOTION for Summary Judgment, (113 in 3:19-cv-02769-WHA) MOTION for Summary Judgment, (64 in 3:19-cv-02916-WHA) MOTION to Dismiss or, in the alternative MOTION for Summary Judgment. Matter taken under submission. Court to issue written order. (Total Time in Court: 3 hours 52 minutes.)Court Reporter: Debra Pas. Plaintiff Attorney: Jaime Delaye, Sara Eisenberg (C19-2405 City and County of San Francisco v. Azar II et al); Neli Palma, Stephanie Yu (C19-2769 State of CA v. Azar et al); Miriam Nemetz, Mary Hanna-Weir, Richard Katskee, Laura Trice, Camilla Taylor, Jamie Gliksberg, Genevieve Scott, Susan Greenberg (C19-2916 County of Santa Clara et al v. USDHHS et al). Defendant Attorney: Benjamin Takemoto, Vinita Andrapalliyal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 10/30/2019) (Entered: 10/30/2019) |
Court’s request for briefing re scope of “entity,” November 8, 2019
US notice re “entity,” November 12, 2019
SF notice re “entity,” November 12, 2019
Order, November 19, 2019
Parties’ proposal for final judgment, January 7, 2020
Judgment, January 8, 2020
US notice of appeal, March 6, 2020
Ninth Circuit # 20-15398
Unopposed US motion to consolidate appeals, April 8, 2020
Order consolidating cases (2 N.D. Cal., 1 E. Wash.), May 8, 2020
US opening brief, June 15, 2020
| 06/16/2020 | 18 | Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee City and County of San Francisco in 20-15398. New requested due date is 08/14/2020. [11724188] [20-15398, 20-15399, 20-35044] (Huling Delaye, Jaime) [Entered: 06/16/2020 05:14 PM] |
| 06/17/2020 | 19 | Streamlined request [18] by Appellee City and County of San Francisco in 20-15398 to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 32-2. [11724338] [20-15398, 20-15399, 20-35044] (JN) [Entered: 06/17/2020 07:37 AM] |
First Liberty amicus, June 22, 2020
American Ass’n of Pro-Life OB GYN, June 22, 2020
Public Advocate of US amicus, June 22, 2020
9C Public Advocate of US amicus
Consolidation order, July 7, 2020
San Francisco request for 90 day extension, July 8, 2020
9C SF 90 day extension request
Santa Clara plaintiffs’ request for 90 day extension, with affidavit, July 8, 2020
9C pltf 90 day extension rq affidavit
Order granting extension, July 21, 2020
San Francisco answering brief, October 13, 2020
Scholars of LGBT amicus, October 20, 2020
Leading Medical Organizations amicus, October 20, 2020
9C Leading Medical Orgz amicus
New York amicus, October 20, 2020
Lorenzo Swank Eagen amicus, October 20, 2020
Local Governments amicus, October 20, 2020
US reply brief, December 3, 2020
Unopposed US motion to hold appeals in abeyance, January 28, 2021
Stay order, January 29, 2021
Joint status report, March 30, 2021
9C joint status report 3 30 21
Joint status report, June 1, 2021
Order, June 2, 2021
Joint status report, October 1, 2021
Joint status report, November 30, 2021
Continued abeyance order, January 3, 2022
US status report, April 1, 2022
9C cons US status report 4 1 22
Continuance order, with dissent, June 16, 2022
9C conscience contin order 6 16 22
Continued abeyance order, with dissent, October 7, 2022
9C conscience abeyance order 10 7 22
Notice re rulemaking, January 5, 2023 (applies to all appeals)
9C CCSF conscience US notice re rulemaking 1 5 23
===
California v. Azar, No. 4:19-cv-2769 (N.D. Cal.)
Complaint, May 21, 2019
Motion for preliminary injunction, June 4, 2019
[Declarations]
Plaintiffs’ motion for summary judgment, September 12, 2019
Plaintiffs’ request for judicial notice, September 12, 2019
[Declarations]
Defendant’s reply supporting motion to dismiss, September 26, 2019
[Exhibits]
Reply supporting summary judgment, October 10, 2019
| 10/30/2019 | 140 | Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re (89 in 3:19-cv-02405-WHA) MOTION to Dismiss or, in the alternative MOTION for Summary Judgment, (54 in 3:19-cv-02769-WHA) MOTION to Dismiss or, in the alternative MOTION for Summary Judgment, (113 in 3:19-cv-02769-WHA) MOTION for Summary Judgment, (64 in 3:19-cv-02916-WHA) MOTION to Dismiss or, in the alternative MOTION for Summary Judgment. Matter taken under submission. Court to issue written order. (Total Time in Court: 3 hours 52 minutes.)Court Reporter: Debra Pas. Plaintiff Attorney: Jaime Delaye, Sara Eisenberg (C19-2405 City and County of San Francisco v. Azar II et al); Neli Palma, Stephanie Yu (C19-2769 State of CA v. Azar et al); Miriam Nemetz, Mary Hanna-Weir, Richard Katskee, Laura Trice, Camilla Taylor, Jamie Gliksberg, Genevieve Scott, Susan Greenberg (C19-2916 County of Santa Clara et al v. USDHHS et al). Defendant Attorney: Benjamin Takemoto, Vinita Andrapalliyal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 10/30/2019) (Entered: 10/30/2019) |
Court’s request for briefing re scope of “entity,” November 8, 2019
US notice re “entity,” November 12, 2019
Plaintiffs’ notice re “entity,” November 12, 2019
Order, November 19, 2019
California proposal for 54(b) judgment, January 8, 2020
US opposition to 54(b) judgment, January 22, 2020
California reply supporting 54(b), January 29, 2020
| 02/13/2020 | 147 | Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re 144 MOTION for Entry of Judgment under Rule 54(b) held on 2/13/2020. Simultaneous supplemental briefing (maximum 5 pages) due by 2/20/2020 at Noon. (Total Time in Court: 36 minutes.)Court Reporter: JoAnn Bryce. Plaintiff Attorney: Neli Palma. Defendant Attorney: Benjamin Takemoto. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 2/13/2020) (Entered: 02/13/2020) |
California supplemental brief, February 20, 2020
US supplemental brief, February 20, 2020
Order denying 54(b) judgment, March 20, 2020
Stipulation to dismiss FOIA count, May 26, 2020
State’s proposed final judgment, May 26, 2020
Final judgment, May 26, 2020
US notice of appeal, May 29, 2020
Ninth Circuit # 20-16045
Ninth Circuit initial scheduling order, May 29, 2020
Motion to consolidate appeal with other appeals, June 3, 2020
[See other cases for pleadings]
California motion for 90 day extension, July 8, 2020
California answering brief, October 13, 2020
Motion to take cases off calendar, January 28, 2021
Order taking cases off calendar, January 29, 2021
County of Santa Clara v. U.S. D.H.H.S., No. 5:19-cv-2916 (N.D. Cal.)
Complaint, May 28, 2019
Motion for preliminary injunction, June 11, 2019
[Declarations]
For further proceedings up to final judgment, see the San Francisco case, -2405, above.
Final judgment, January 8, 2020
US notice of appeal, March 6, 2020
Ninth Circuit # 20-15399
Unopposed US motion to consolidate appeals, April 8, 2020
Order consolidating cases (2 N.D. Cal., 1 E. Wash.), May 8, 2020
For some further proceedings, see 20-15398, above
Santa Clara answering brief, October 13, 2020
In the California cases: HHS notice of violation, January 24, 2020
ca-notice-of-violation-abortion-insurance-cases-01-24-2020
Cases: Southern District of New York
New York v. Azar, No. 1:19-cv-4676 (S.D. N.Y.)
Complaint, May 21, 2019
Scheduling order, June 7, 2019
Motion for stay/preliminary injunction, memorandum, and 65+ declarations, June 14, 2019
[declarations]
Christian Medical & Dental Ass’n motion to intervene, with memo, declarations, proposed order, June 25, 2019
Answer, June 26, 2019
[]
Order consolidating cases, June 26, 2019
Order postponing decision on motion to intervene, allowing filing as amicus, June 26, 2019
US extension request and notice re effective date, June 26, 2019
Order denying extension, June 27, 2019
US request for extension to 7/1, June 27, 2019
Order denying extension, June 27, 2019
[amicus request]
Order after denying extension, June 28, 2019
Motion for extension, with stipulation, June 28, 2019
Order, July 1, 2019
Order on scheduling amicus briefs, July 2, 2019
Plaintiff opposition to Christian Medical motion to intervene, July 9, 2019
Order about issues for scheduling, July 11, 2019
Scheduling order, July 16, 2019
Christian Medical intervention reply, July 16, 2019
24(b) intervention order, August 2, 2019
US motion to dismiss/preliminary injunction opposition, with exhibit and proposed order, August 14, 2019
US memo supporting motion to dismiss/preliminary injunction opposition, August 14, 2019
Christian Medical motion for summary judgment/preliminary injunction opposition, with supporting documents, August 14, 2019
Plaintiff motion to require completion of administrative record, August 15, 2019
Order directing response, August 16, 2019
US response re administrative record, August 16, 2019
US notice re production of administrative record, August 19, 2019
Order on administrative record, August 19, 2019
ACLJ amicus, August 21, 2019
American Ass’n of Pro-Life Obstetricians and Gynecologists amicus, August 21, 2019
New York summary judgment motion and memo, September 5, 2019
[Declarations]
Planned Parenthood summary judgment motion and memo, September 5, 2019
[Declarations]
National Center for Lesbian Rights amicus, September 12, 2019
Scholars of the LGBT Population amicus, September 12, 2019
Health Care Providers amicus, September 12, 2019
Institute for Policy Integrity amicus, September 12, 2019
Leading Medical Organizations amicus, September 12, 2019
Local Governments amicus, September 12, 2019
Christian Medical and Dental reply/opposition, September 19, 2019
US reply/opposition, September 19, 2019
[Exhibits]
New York reply, October 3, 2019
Planned Parenthood reply, October 3, 2019
Letter re oral argument organization, October 14, 2019
Order re oral argument 10/18, October 15, 2019
Opinion and order vacating the rule, November 6, 2019
Order on other motions, November 6, 2019
Christian Medical notice of appeal, December 18, 2019
US notice of appeal, January 3, 2020
Second Circuit #s 19-4254, etc.
2C unopposed US motion to consolidate, January 30, 2020
US opening brief, April 27, 2020
Christian Medical Ass’n opening brief, April 30, 2020
Ohio et al amicus, May 1, 2020
Ohio et al corrected amicus, May 5, 2020
Center for Constitutional Jurisprudence amicus, May 5, 2020
Coats Weldon amicus, May 12, 2020
Jewish Coalition for Religious Liberty amicus, May 13, 2020
2C Jewish Coalition for Religious Liberty amicus
American Ass’n Pro Life OB GYN amicus, May 26, 2020
American Center for Law and Justice amicus, May 26, 2020
Public Advocate amicus, May 26, 2020
78 Members of Congress amicus, May 26, 2020
Order denying plaintiffs’ extension, May 27, 2020
Planned Parenthood appellee brief, July 27, 2020
National Family Planning letter joining in PP brief, July 27, 2020
New York appellee brief, July 27, 2020
Unopposed US motion for extension to file reply to 8 31, July 30, 2020
Leading Medical Organizations amicus, August 3, 2020
2C Leading Medical Orgz amicus
National Center for Lesbian Rights amicus, August 3, 2020
2C Natl Ctr Lesbian Rights amicus
158 Members of Congress amicus, August 3, 2020
2C 158 Members of Congress amicus
California, Maine, North Carolina, Washington amicus, August 3, 2020
American Public Health Organization amicus, August 3, 2020
2C Am Public Health Org amicus
Lorenzo Swank Eagen amicus, August 3, 2020
Scholars of the LGBT Population amicus, August 28, 2020
2C scholars of LGBT population amicus
US reply, August 31, 2020
CMA reply, August 31, 2020
| 01/31/2021 | 431 | CASE CALENDARING, for argument on 03/17/2021, SET.[3026262] [19-4254, 20-31, 20-32, 20-41] [Entered: 01/31/2021 04:46 PM] |
US unopposed motion to take case off calendar, February 4, 2021
2C US unop mo take case off calendar
Order taking case off calendar, February 5, 2021
Abeyance order, February 16, 2021
US status report, March 8, 2021
Christian Medical status report, March 8, 2021
2C Christian Medical status 3 8 21
Status letter, April 7, 2021
US status report, May 7, 2021
Christian Medical status report, May 7, 2021
US stay update report, June 7, 2021
Christian Medical stay update report, June 8, 2021
2C Christian Medical stay update letter 6 8
[]
US stay update report, April 8, 2022
Status letter, October 7, 2022
Status letter, November 7, 2022
Stipulation, order, December 8, 2022
2C conscience stip order 12 8 22
==
Planned Parenthood Federation v. Azar, No. 1:19-cv-5433 (S.D. N.Y.)
Complaint, June 11, 2019
Motion, memo, and declarations, June 17, 2019
[declarations]
[further pleadings, see above]
National Family Planning and Reproductive Health Ass’n v. Azar, No. 1:19-cv-5435 (S.D. N.Y)
Complaint, June 11, 2019
Unopposed motion to consolidate, June 12, 2019
Scheduling order, June 13, 2019
Motion for preliminary injunction, memo, declarations, June 17, 2019
[declarations]
Eastern Washington
Washington v. Azar, No. 2:19-cv-183 (E.D. Wash.)
Complaint, May 28, 2019
Preliminary injunction memo, June 24, 2019
Order holding preliminary injunction motion in abeyance, July 8, 2019
Order holding PI motion in abeyance
US motion to dismiss, August 19, 2019
Plaintiff’s summary judgment motion, September 20, 2019
Plaintiff’s summary judgment motion
US opposition/reply, October 4, 2019
Plaintiff’s reply, October 18, 2019
Notice re 9C case, New York proceedings, November 4, 2019
Pltf notice Barr, NY proceedings
Additional authority, November 6, 2019
US New York proceedings response, November 6, 2019
Minute entry, November 7, 2019
Plaintiffs’ related case notice (SF), November 20, 2019
Summary judgment order, November 21, 2019
Judgment, November 21, 2019
US notice of appeal, January 17, 2020
Ninth Circuit # 20-35044
Unopposed US motion to consolidate appeals, April 8, 2020
Order consolidating cases (2 N.D. Cal., 1 E. Wash.), May 8, 2020
Dismissal of Trust Women (out of business), June 1, 2020
For further proceedings until and after brief, see 20-15398, above, except
Form requesting extension, July 8, 2020
Washington responsive brief, October 13, 2020
Coronavirus Free Exercise Case
Temple Baptist Church v. City of Greenville, No. 4:20-cv-64 (N.D. Miss.)
Complaint, April 10, 2020
US statement of interest, April 14, 2020
Temple Baptist US statement of interest
Skyline
[OCR letter, June 21, 2016]
CDMHCInvestigationClosureLetter
Skyline Wesleyan Church v. Calif. Dep’t of Managed Health Care, No. 18-55451 (9th Cir.)
Opening brief, Sept. 14, 2018
Answering brief, Dec. 14, 2018
9C Skyline Calif answering brief
Reply brief, Jan. 30, 2019
[OCR letter, Jan. 24, 2020]
ca-notice-of-violation-abortion-insurance-cases-01-24-2020
[California response, Feb. 21, 2020]
Opinion, May 13, 2020
Defendants’ status report, September 4, 2020
Plaintiff’s status report, September 4, 2020
Plaintiff’s notice re Foothill Church decision and request for status conference, July 21, 2021
Plaintiffs’ ex parte motion for scheduling order, September 7, 2021
Defendants’ notice of opposition to ex parte motion, September 8, 2021
Defendants’ opposition to motion for scheduling order, September 14, 2021
Plaintiffs’ reply supporting scheduling order, September 15, 2021
Parties’ proposal for supplemental briefing schedule, November 4, 2021
Supplemental briefing schedule, November 5, 2021
Plaintiffs’ supplemental brief, February 2, 2022
Defendants’ supplemental brief, February 2, 2022
Defendants’ supplemental reply, March 2, 2022
Plaintiffs’ supplemental reply, March 2, 2022
| 03/30/2022 | 130 | Minute Order by Judge Linda Lopez: Submitting the hearing on 67 , 68 , 126 , 127 , the parties’ cross-motions for summary judgment following remand from the Ninth Circuit Court of Appeals. Court to issue written Order. Motion Hearing set for 4/6/2022 at 1:30pm is hereby vacated. (rla) (Entered: 03/30/2022) |
Skyline request for status conference, June 24, 2022
Skyline additional authority (Foothill), August 31, 2022
Skyline S addl auth Foothill 8 31
| 09/08/2022 | 136 | MINUTE ORDER – Plaintiff filed a Motion for Status Conference on 06/24/2022 for purposes of discussing a final adjudication in this case. Court to issue written Order on parties cross-motions for summary judgment and supplemental briefing (Docs. 67, 68, 126, 127) in due course. Plaintiffs Motion is denied. (no document attached) (jpp) (Entered: 09/08/2022) |
Defendants’ response to Foothill, September 9, 2022
Skyline additional authority (Foothill), February 24, 2023
Defendants’ Foothill response, March 16, 2023
Skyline def Foothill resp 3 16 23
Foothill Church
Foothill Church Calvary Chapel Chino Hills, et al. v. Michelle Rouillard, in her official capacity as Director of the California Department of Managed Health Care, No. 2:15-cv-2165 (E.D. Cal.), No. 19-15658 (9th Cir.).
Order dismissing case, March 7, 2019
Appellants’ opening brief, August 14, 2019
Appellees’ answering brief, December 4, 2019
Appellants’ reply brief, January 27, 2020
Pre-oral-argument order, November 12, 2020
9C Foothill Church pre oral argument order
| 11/20/2020 | 41 | ARGUED AND SUBMITTED TO JACQUELINE H. NGUYEN, ANDREW D. HURWITZ and DANIEL A. BRESS. [11901578] (JRL) [Entered: 11/20/2020 02:42 PM] |
Order re delayed submission, November 24, 2020
9C Foothill Church delay submission order
Remand order, July 19, 2021
| 08/12/2021 | 96 | MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/12/2021: In light of the U.S. Court of Appeal’s Mandate, ECF No. 95 , a Status Conference is SET for 10/29/2021 at 10:00 AM before Chief District Judge Kimberly J. Mueller. The parties shall file a joint status report no less than fourteen (14) days prior. The October Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry)(Schultz, C) (Entered: 08/12/2021) |
[]
Order,
[]
Order, February 3, 2023
===
TEXAS
Northern Texas constitutional challenge to the Church Amendments
Vita Nuova, Inc., v. Azar, No. 4:19-cv-532 (N.D. Tex)
Complaint, with exhibits, July 3, 2019
US motion to dismiss, October 7, 2019
Amended complaint, with exhibits, October 28, 2019
Vita Nuova amended complaint 10 28 19
Second US motion to dismiss, November 12, 2019
Vita Nuova US 2d ms dism 11 12 19
Vita Nuova opposition to motion to dismiss, December 3, 2019
Vita Nuova pltf dism op 12 3 19
US reply supporting second motion to dismiss, January 17, 2020
Vita Nuova US 2d dism reply 1 17 20
Order for supplemental briefing, February 25, 2020
Vita Nuova order re 9C opinion 2 25 20
Vita Nuova supplemental brief, March 6, 2020
Vita Nuova supplemental brief 3 6 20
Order on motion to dismiss, May 1, 2020
Vita Nuova opinion on motion to dismiss
US answer to amended complaint, May 15, 2020
Vita Nuova answer to amended complaint
Scheduling order, June 1, 2020 (#32, prioritizing class cert order over summary judgment briefing)
Motion for class certification, June 30, 2020
Vita Nuova motion for class cert
Vita Nuova motion for summary judgment and permanent injunction, June 30, 2020
US opposition to class certification, July 30, 2020
Vita Nuova class certification reply, August 13, 2020
Vita Nuova second amended complaint, August 18, 2020
Answer to second amended complaint, September 3, 2020
Class certification order, December 2, 2020
vita nuova class cert order 12 2 20
Order for status report on summary judgment briefing, December 2, 2020
Vita Nuova order for status report 12 2
Joint status report, December 7, 2020
Vita Nuova joint status report
Order for discovery conference by 12/18, December 8, 2020
Vita Nuova order for discovery conference
| 02/03/2021 | 54 | ELECTRONIC ORDER Administratively Closing Case. Pursuant to the order docketed at ECF No. 32 , this case is administratively closed until the parties’ briefing on the motion for summary judgment becomes ripe. (Ordered by Judge Reed C. O’Connor on 2/3/2021) (chmb) (Entered: 02/03/2021) |
US cross-motion for summary judgment and summary judgment opposition, April 23, 2021
Vita Nuova response reply and suggestion of dismissal, May 14, 2021
Vita Nuova reply and dismissal
Order dismissing case, May 17, 2021
Department of Labor federal contracting rule, as finalized December 7, 2020
Vermont Church Amendment enforcement case
US v. University of Vermont Medical Center, No. 2:20-cv-213 (D. Vt., filed Dec. 16, 2020)
Complaint
Joint motion for extension of time to answer, February 2021
Joint motion for extension of time to answer, June 2021
Voluntary dismissal without prejudice, July 30, 2021
Affordable Care Act Litigation 