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Overview of the Lawsuits Challenging the Affordable Care Act’s

No Cost-Sharing Contraceptive Coverage Benefit

61 lawsuits have been filed in federal court challenging the Affordable Care Act’s no cost-sharing contraceptive coverage benefit. For-profit companies are among those who are pushing for the courts to allow bosses to make women’s reproductive health decisions.

Cases brought by non-profits:

33 cases have been brought by non-profit organizations.

Where decisions have been reached, courts are largely dismissing the cases as not being ripe or because plaintiffs lack standing. This is because non-profits with religious objections to providing contraception currently have a safe harbor – a one year delay in implementing the benefit –and the Administration is undertaking rulemaking that could address their concerns.

Cases brought by for-profits:

28 of the cases have been filed by for-profit companies, ranging from a mining company to a crafts store chain to an HVAC company. One case was even brought by a business owner who currently has no employees.

The cases brought by for-profits are moving quickly because these companies are not eligible for the safe harbor, and, for the most part, are already required to provide the contraceptive coverage benefit. The courts are addressing these, and reaching different outcomes.

o One court has reached the merits – a district court granted the government’s motion to dismiss in one case, O’Brien, which is now on appeal to the 8th Circuit. The district court recognized that the Religious Freedom Restoration Act (the federal law the companies are relying upon to challenge the benefit) “is not a means to force one’s religious practices upon others.” The 8th Circuit has issued a stay pending appeal.

o In six cases, courts have denied for-profit companies’ request for temporary relief, meaning those companies must provide the benefit. At least one company – Hobby Lobby – has pushed back its plan year start date in order to avoid complying.

o Eighteen companies so far have some form of temporary relief, which means the companies do not have to provide the benefit while they pursue their claims in court. (In some of those cases, the district court denied preliminary injunctions, but the circuit court issued temporary relief as an appeal moves forward).

o No court of appeals has reached the merits yet. Three courts of appeals – the 3rd, 6th, and 10th Circuit Courts of Appeals – have

refused to delay the enforcement of the contraceptive coverage benefit. The U.S. Supreme Court denied a request for an emergency injunction in the 10th Circuit case.

Two courts of appeals – the 7th and 8th Circuit Courts of Appeals – have given temporary relief.

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The For-Profit Cases (last updated April 22, 2013)

Case Name Description and Location of For-Profit Company

Circuit Where Case Filed

Date Filed Status

1 Tyndale House v. Sebelius

Tyndale is an Illinois for-profit publishing company focusing on Christian books.

DC Circuit 10/2/2012 District court granted a preliminary injunction. The government appealed to the DC Circuit on January 15, 2013. Proceedings in the district court are stayed until the D.C. Circuit resolves the appeal of the preliminary injunction.

2 Gilardi v. United States Department of Health and Human Services

Freshway Foods is a fresh produce processor and packer. Freshway Logistics is a for-hire carrier of mainly refrigerated products. The companies are Ohio-based for-profits that serve 23 states.

DC Circuit 01/24/2013 District court denied the preliminary injunction . The plaintiffs appealed the preliminary injunction to the D.C. Circuit. The D.C. Circuit granted an injunction pending the appeal. Proceedings in the district court are stayed pending the D.C. Circuit resolving the appeal of the preliminary injunction.

3 Conestoga Wood Specialties Corporation v. Sebelius

Conestoga Wood Specialties Corporation is a Pennsylvania-based wood cabinet and specialty products manufacturer.

Third Circuit 12/4/2012 District court granted a 14 day temporary restraining order (TRO) on December 28, 2012 but then dismissed a motion for a preliminary injunction. The plaintiffs appealed to the 3

rd Circuit and asked

for a stay pending appeal. The 3

rd Circuit denied the

stay pending appeal, but will review the preliminary injunction.

4 Weingartz Supply Company v. Sebelius (also known as Legatus v.

Weingartz Supply Company is a secular Michigan company that sells outdoor power equipment. Legatus

Sixth Circuit 05/07/2012 District court granted a preliminary injunction for plaintiff Daniel Weingartz and Weingartz Supply Company, but not Legatus.

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Sebelius) is a non-profit organization comprising more than 4000 members including individuals and professional organizations.

Government appealed to the 6

th Circuit. The

plaintiffs cross-appealed the denial of a preliminary injunction to Legatus. The 6

th Circuit denied the

government’s motion to hold the case in abeyance, pending a ruling in Autocam.

5 Autocam Corporation et al v. Sebelius

Autocam Automotive makes parts for transportation while Autocam Medical makes medical equipment. These are West-Michigan-based, for profit, manufacturing companies that operate across the United States.

Sixth Circuit 10/8/2012 District court denied a preliminary injunction. Plaintiffs appealed to the 6

th Circuit. On December

26, 2012 plaintiffs filed an emergency motion for an injunction before the 6

th

Circuit. The 6th

Circuit denied an injunction pending appeal and a motion to reconsider. The 6

th Circuit will review the

motion for a preliminary injunction. The district court is simultaneously reviewing a motion to dismiss and will hear oral arguments on June 11, 2013.

6 Domino’s Farms Corporation v. Sebelius

Domino’s Farms is a Michigan-based property management company.

Sixth Circuit 12/14/2012 District court granted a preliminary injunction.

7 Infrastructure Alternatives Inc v. Sebelius

Infrastructure Alternatives is a Michigan for-profit corporation. It is a contractor in the fields of environmental dredging, contaminated sediment remediation, geotextile tube installation, and water treatment operations.

Sixth Circuit 1/10/2013 Parties debating motion to dismiss.

8 Mersino Mersino Sixth Circuit 03/22/2013 Complaint filed.

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Management Company v. Sebelius

Management Co. is a Michigan-based management company that provides insurance for Mersino Enterprises, Mersino Dewatering, Global Pump Co., and Mersino South-West.

9 Eden Foods Inc. v. Sebelius

Eden Foods is a Michigan-based corporation that specializes in supplying macrobiotic, organic food.

Sixth Circuit 03/20/2013 District court denied plaintiffs’ emergency motion for a temporary injunction. Parties are debating motion for preliminary injunction.

10 MK Chambers Company v. United States Department of Health and Human Services.

MK Chambers Company is a Michigan-based supplier of specialty machining.

Sixth Circuit 03/28/2013 District court denied plaintiffs’ emergency motion for a temporary injunction.

11 Korte & Luitjohan Contractors v. United States Department of Health and Human Services

Korte & Luitjohan Contractors, Inc., is an Illinois-based full-service construction contractor.

Seventh Circuit

10/9/2012 District court denied a preliminary injunction. Plaintiffs appealed to the 7

th Circuit and asked for an

injunction pending appeal. The 7

th Circuit granted the

emergency motion for an injunction pending appeal over the strong dissent of one judge. The 7

th Circuit

has consolidated this case with Grote Industries.

12 Triune Health Group v. Sebelius (also known as Yep v. Sebelius)

Triune is a secular Illinois corporation that specializes in facilitating the re-entry of injured workers into the workforce.

Seventh Circuit

8/22/2012 District court granted a preliminary injunction because it construed the 7

th Circuit decision in Korte

as binding. The government appealed to the 7

th Circuit, asked the

district court to stay proceedings pending appeal, and asked the 7

th

Circuit to hold the case in abeyance pending Korte. Both courts granted the

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government’s request to temporarily suspend the proceedings.

13 Grote Industries v. Sebelius

Grote Industries is an Indiana-based, privately held, for profit business manufacturing vehicle safety systems.

Seventh Circuit

10/29/2012 The district court denied a preliminary injunction. Plaintiffs appealed to the 7

th Circuit. The 7

th Circuit

consolidated the case with Korte and, applying its own analysis in Korte to this case, granted Grote Industries a temporary injunction pending appeal, over the strong dissent of one judge.

14 Tonn and Blank Construction v. Sebelius

Tonn and Black Construction, LLC, is an Indiana construction company.

Seventh Circuit

9/20/2012 Government filed a motion to stay the proceedings and non-opposition to injunctive relief, pending the outcome in the Grote and Korte appeals. The district court granted the plaintiff’s request to issue the uncontested injunctive relief while it considers the contested stay.

15 Lindsay, Rappaport and Postel LLC v. United States Department of Health and Human Services

LR&P is an Illinois-based law firm that primarily practices in insurance defense, insurance coverage, and appellate work.

Seventh Circuit

02/14/2013 Parties agreed to stay the case and the enforcement of the benefit pending the outcome in the Grote and Korte appeals.

16 Hartenbower v. United States Department of Health and Human Services

The Hartenbowers co-own Hart Electric LLC, an Illinois-based manufacturer of electrical components, and H.I. Cable.

Seventh Circuit

03/26/2013 District court granted an unopposed motion for temporary injunctive relief and stayed the case pending rulings in consolidated cases of Korte and Grote.

17 O'Brien v. United States Department of Health and Human Services

O’Brien Industrial Holding is a Missouri company engaged in the exploration, mining, processing, manufacturing and distribution of refractory and

Eighth Circuit 3/15/2012 The district court granted the motion to dismiss. The plaintiffs appealed to the 8

th Circuit. On

November 28, 2012, the 8

th Circuit issued a stay

pending the appeal, over the dissent of one judge.

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ceramic raw materials.

The 8th Circuit denied the motion to consolidate with Annex Medical.

18 American Pulverizer Co. v. United States Department of Health and Human Services (also known as Griesedieck v Sebelius)

Springfield Iron and Metal, LLC, American Pulverizer Company, Hustler Conveyor Company, and City Welding are four Missouri-based companies involved in the business of wholesale scrap metal recycling and manufacturing of related machines.

Eighth Circuit 10/19/2012 District court granted a preliminary injunction in part because of the O’Brien stay precedent. The government appealed the preliminary injunction to the 8

th Circuit.

Proceedings in the district court are stayed pending the appeal. Following the government’s request, the 8

th Circuit agreed to hold

the case in abeyance pending the O’Brien ruling.

19 Annex Medical Inc. v. Sebelius

Annex Medical and Sacred Heart Medical are companies that design, manufacture, and sell medical devices. They are owned by Stuart Lind. Tom Janas is an additional plaintiff who is an entrepreneur who has owned several dairy businesses in the past and intends to purchase another in 2013. He currently operates Habile Holdings and Venture North Properties, companies that lease commercial properties but currently have no employees.

Eighth Circuit 11/02/2012 District court denied preliminary injunction. Plaintiffs, Stuart Lind and Annex Medical, appealed to the 8

th Circuit in

January. The 8th

Circuit granted an injunction, pending appeal, relying on the O’Brien order. The 8th Circuit denied the motion to consolidate with O’Brien.

20 Sharpe Holdings Inc. v. United States Department of Health and

Sharpe Holdings, Inc. is a Missouri corporation that is involved in the farming, dairy, creamery, and

Eighth Circuit 12/20/2012 District court granted a temporary restraining order (TRO). On January 14, 2013 the district court continued the TRO until the court rules on further

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Human Services

cheese-making industries.

injunctive relief. Parties are debating a motion to stay proceedings in the district court pending rulings in O’Brien and Annex Medical.

21 Sioux Chief MFG. Co, Inc.. v. Sebelius

Sioux Chief MFG. Co, Inc. is a Missouri Corporation that manufactures plumbing products.

Eighth Circuit 1/14/2013 The district court granted a preliminary injunction and the motion to stay all proceedings pending rulings in O’Brien and Annex Medical.

22 Hall v. Sebelius

Reverend Gregory Hall is a Catholic Deacon who owns American Mfg Company, a Minnesota-based company that manufactures and markets mining equipment, mud pumps and parts for global distribution.

Eighth Circuit 2/5/2013 District court granted an unopposed motion for temporary injunctive reliefand stayed the case pending rulings in O’Brien and Annex Medical.

23 Bick Holdings Inc. v. United States Department of Health & Human Services

Bick Holdings Inc. is a Missouri-based holding company for operating companies Bick Group Inc., Bick Properties Inc., and SEALCO LLC. Through these subsidiaries BHI engages in data center consulting, design, maintenance, service, and cleaning.

Eighth Circuit 03/13/2013 Complaint and motion for a preliminary injunction filed. Parties agreed to stay the case and the enforcement of the benefit pending the rulings in O’Brien and Annex Medical.

24 Newland v. Sebelius

Hercules Industries, Inc. is a Colorado corporation that manufactures heating, ventilation, and air conditioning products, owned by the Newlands and another plaintiff.

Tenth Circuit 4/30/2012 District court granted the injunction. The government appealed to the 10

th Circuit.

25 Hobby Lobby Stores Inc., et al. v. Sebelius

Hobby Lobby is a national craft supply chain with

Tenth Circuit 9/12/2012 The district court denied a preliminary injunction.

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headquarters in Oklahoma. Mardel (another plaintiff) is a privately held bookstore and education company specializing in Christian books and religious texts.

The plaintiffs appealed to the 10

th Circuit. While that

appeal was pending, the 10

th Circuit denied

separate injunctive relief but has not yet ruled on the appeal of the preliminary injunction. The plaintiffs appealed to the U.S. Supreme Court for the separate relief but the Supreme Court refused to hear the case. The 10

th

Circuit granted the plaintiffs’ request to expedite the case and request for the case to be heard en banc (by all of the judges on the court).

26 Briscoe v. Sebelius

Continuum Health Partnership is a Colorado-based oxygen supply company. Conessione is an Investment company.

Tenth Circuit 2/4/2013 District court denied the temporary restraining order. The court will hold a hearing on preliminary injunction.

27 Armstrong v. Sebelius

Cherry Creek Mortgage Co is a Colorado-based full-service residential mortgage banking company, headquartered in Greenwood Village, Colorado.

Tenth Circuit 03/05/2013 Parties debating motion for preliminary injunction.

28 Beckwith Electric Co. v. Sebelius

Beckwith Electric Co. is a Florida-based provider of micro-processor-based technology.

Eleventh Circuit

03/12/2013 Complaint filed.

Non-Profit Cases (last updated April 15, 2013)

Name of Case and State Where Plaintiffs Located

Circuit Where Case Filed

Date Filed Status

1 Belmont Abbey Coll. v. Sebelius North Carolina

DC Circuit 11/10/2011 District court dismissed on grounds of standing and ripeness. Plaintiffs appealed to the D.C. Circuit. D.C. Circuit instructed the district court to

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hold the case in abeyance (to hold the case until the government completes its rulemaking on the application of the contraceptive coverage requirement to religiously-affiliated non-profits).

2 Wheaton College v. Sebelius Illinois

DC Circuit 7/18/2012 District court dismissed on grounds of standing and ripeness. Plaintiffs appealed to the D.C. Circuit. The D.C. Circuit instructed the district court to hold the case in abeyance (to hold the case until the government completes its rulemaking on the application of the contraceptive coverage requirement to religiously-affiliated non-profits).

3 Roman Catholic Archbishop of Washington v. Sebelius Washington DC

DC Circuit 5/21/2012 The district court dismissed the case on grounds of ripeness. On March 27, 2013 the plaintiffs appealed to the D.C. Circuit.

4 Priests for Life v. Sebelius New York

Second Circuit 2/15/2012 On January 8, 2013 the district court deemed the Plaintiff's motion for a temporary restraining order moot based on the government’s agreement that Plaintiffs qualify for the temporary safe harbor. On April 12, 2013, the court granted the motion to dismiss on grounds of ripeness.

5 Roman Catholic Archdiocese of NY v. Sebelius New York

Second Circuit 5/21/2012 The district court granted the motion to dismiss for the Diocese and Catholic Charities because they lack standing, but denied it for the Roman Catholic Archdiocese of New York, the Catholic Health Care System and the Catholic Health Services of Long Island. The government asked the court to dismiss the case entirely. Awaiting court’s order.

6 Geneva College v. Sebelius* (This case includes non-profit as well as for-profit plaintiffs. The for-profit plaintiffs are Seneca Hardwood, a lumber business, and WLH Enterprises, a sawmill.) Pennsylvania

Third Circuit 2/21/2012 The district court dismissed some of plaintiffs’ claims, but will hear the merits of the plaintiff’s other claims, including the Free Exercise Clause and Religious Freedom Restoration Act. Awaiting district court’s order on the motion for preliminary injunction.

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7 Rev. Lawrence T Persico (Formerly Donald W. Trautman) v. Sebelius Pennsylvania

Third Circuit 5/21/2012 District court denied a preliminary injunction and granted the motion to dismiss on grounds of ripeness.

8 Most Rev. David A Zubik v. Sebelius Pennsylvania

Third Circuit 5/21/2012 District court granted the motion to dismiss on grounds of standing and ripeness. Plaintiffs have appealed to the 3

rd Circuit.

9 Liberty University v. Geithner

Fourth Circuit 2/27/13 Revised complaint filed with the 4th

Circuit to include a challenge to the contraceptive coverage benefit, in addition to challenges against the employer and individual responsibility provisions. Case is scheduled for oral argument on May 16, 2013. The original complaint – which did not include a challenge to the contraceptive coverage requirement – was filed March 23, 2010. It has a complicated history in the courts, including being vacated and dismissed for lack of jurisdiction. But on November 26, 2012, the U.S. Supreme Court remanded the case to the 4

th Circuit

for further consideration in light of the Supreme Court’s decision in National Federation of Independent Business v. Sebelius (upholding the Affordable Care Act).

10 Louisiana College v. Sebelius Louisiana

Fifth Circuit 2/18/2012 District court denied the motion to dismiss. District court ordered that the case be stayed until 8/15/2013 at which time the government must provide the court with a status report as to the regulations on the application of the contraceptive coverage requirement to religiously-affiliated non-profits and other relevant then pending litigation.

11 Roman Catholic Diocese of Dallas v. Sebelius Texas

Fifth Circuit 5/21/2012 District court granted the motion to dismiss on grounds of ripeness.

12 Roman Catholic Diocese of Fort Worth v. Sebelius Texas

Fifth Circuit 5/21/2012 The court denied the motion to dismiss and the motion to stay. The government filed a motion for reconsideration.

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13 Roman Catholic Diocese of Biloxi v Sebelius Mississippi

Fifth Circuit 5/21/2012 District court granted the motion to dismiss on grounds of ripeness. The plaintiffs filed a motion to amend/alter the judgment, which the district court also denied.

14 East Texas Baptist University and Houston Baptist University v. Sebelius Texas

Fifth Circuit 10/9/2012 District court stayed the case until the government completes its rulemaking on the application of the contraceptive coverage requirement to religiously-affiliated non-profits.”. During the stay, the parties are required to submit status reports every 60 days.

15 Criswell College v. Sebelius Texas

Fifth Circuit 11/01/2012 The court dismissed the case on grounds of ripeness.

16 American Family Association v Sebelius

Fifth Circuit 2/20/2013 Complaint and motion for preliminary injunction filed in response to the government’s proposed rule on the application of the contraceptive coverage requirement to religiously-affiliated non-profits that was issued February 1, 2013.

17 Franciscan University of Steubenville v. Sebelius Michigan

Sixth Circuit 5/21/2012 Court granted the motion to dismiss on grounds of ripeness.

18 Catholic Diocese of Nashville v. Sebelius Tennessee

Sixth Circuit 9/12/2012 District court granted the motion to dismiss on grounds of standing and ripeness. Plaintiffs appealed to the 6

th Circuit. On

February 28, 2013, the 6th

Circuit granted the plaintiff’s request to voluntarily dismiss the appeal. Case is closed.

19 University of Notre Dame v. Sebelius Indiana

Seventh Circuit

5/21/2012 District court granted the motion to dismiss on grounds of standing and ripeness. On March 1, 2013, the plaintiffs appealed to the 7

th Circuit. Briefing in the appeal is

currently suspended.

20 Diocese of Fort Wayne-South Bend, Inc. v. Sebelius Indiana

Seventh Circuit

5/21/2012 District court stayed the case until May 1, 2013. The court denied the plaintiff’s motion to consolidate with Tonn and Blank, a for-profit case in the same circuit.

21 Catholic Diocese of Peoria v. Sebelius Illinois

Seventh Circuit

8/9/2012 District court granted the motion to dismiss on grounds of ripeness.

22 Conlon v. Sebelius Illinois

Seventh Circuit

5/21/2012 District court granted the motion to dismiss on grounds of ripeness and standing.

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23 Grace Schools v. Sebelius Indiana

Seventh Circuit

8/23/2012 Parties debating the motion to dismiss.

24 State of Nebraska et al. v. HHS Nebraska, South Carolina, Michigan, Texas, Florida, Ohio, Oklahoma

Eighth Circuit 2/23/2012 District court granted the motion to dismiss. The plaintiffs appealed to the 8

th

Circuit and then, after the government issued its proposed rule on the application of the contraceptive coverage requirement to religiously-affiliated non-profits on February 1, 2013, requested a stay of the proceedings pending the final rule.

25 CNS Ministries v. U.S. Department of Health and Human Services et al. Missouri

Eighth Circuit 11/20/2012 Voluntarily dismissed by the district court.

26 Archdiocese of St Louis v. Sebelius Missouri

Eighth Circuit 5/21/2012 District court granted the motion to dismiss on grounds of ripeness and standing.

27 College of the Ozarks v. Sebelius Missouri

Eighth Circuit 9/17/2012 District court granted plaintiffs’ request to dismiss the case without prejudice. Case closed.

28 The School of the Ozarks v. RightChoice Managed Care Inc.

Eight Circuit 4/19/2013 Complaint filed.

29 Colorado Christian Univ. v. Sebelius Colorado

Tenth Circuit 12/22/2011 District court granted the motion to dismiss on grounds of ripeness.

30 Eternal Word Television Network, Inc. v. Sebelius Alabama

Eleventh Circuit

2/9/2012 Court granted the motion to dismiss on grounds of ripeness.

31 Ave Maria University v Sebelius Florida

Eleventh Circuit

2/21/2012 The district court granted the motion to dismiss on grounds of ripeness.

32 The Roman Catholic Archdiocese of Atlanta Georgia

Eleventh Circuit

10/5/2012 Parties debating the motion to dismiss.

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33 The Most Reverend Thomas Wenski v Sebelius (also known as Roman Catholic Archdiocese of Miami v. Sebelius) Florida

Eleventh Circuit

10/19/2012 The district court granted the motion to dismiss on grounds of ripeness.