Professional Documents
Culture Documents
v. No. 14-20112
v. No. 14-10241
v. No. 14-40212
v. No. 14-10661
STATUS REPORT
The Departments respectfully submit this status report. For the reasons
discussed below, the abeyance in these cases should be continued with the next status
In their status report filed on Thursday, April 20, the plaintiffs represented by
the Becket Fund argued that the abeyance should be ended. The Becket Fund made a
similar request on behalf of other plaintiffs in the Tenth Circuit, which the Tenth
Circuit denied. (Copies of the motion and order are attached.) The request to lift the
When the Supreme Court remanded these and other cases, it indicated that
going forward that accommodates petitioners religious exercise while at the same
time ensuring that women covered by petitioners health plans receive full and equal
health coverage, including contraceptive coverage. Zubik v. Burwell, 136 S. Ct. 1557,
1560 (2016) (internal quotation marks and citation omitted). The Supreme Court
expressly anticipate[d] that the Courts of Appeals will allow the parties sufficient
Plaintiffs emphasize that eleven months have elapsed since that remand order
but, as they acknowledge, the new Administration has been in place for only a few
Labor, and the Department of the Treasuryand are the subject of numerous other
Labor has not yet been confirmed, and numerous subcabinet positions at the
Departments have not yet been filled. The issues presented by the Supreme Courts
remand order are complex; for example, the original accommodation took more than
a year to develop with input from interested parties. See 77 Fed. Reg. 8725, 8728
coverage); 77 Fed. Reg. 16,501 (Mar. 21, 2012) (advance notice of proposed
Nor does the continued abeyance of these case prejudice plaintiffs. They have
the benefit of the interim relief that the Supreme Court provided in its remand order,
which in relevant part stated that the Government may not impose taxes or penalties
on [plaintiffs] for failure to provide the relevant notice. Zubik, 136 S. Ct. at 1561.
3
Case: 14-20112 Document: 00513964561 Page: 4 Date Filed: 04/24/2017
Respectfully submitted,
MARK B. STERN
/s/Alisa B. Klein
ALISA B. KLEIN
PATRICK G. NEMEROFF
JOSHUA M. SALZMAN
202-514-1597
Attorneys, Appellate Staff
Civil Division
U.S. Department of Justice
950 Pennsylvania Ave., NW, Rm. 7235
Washington, DC 20530
APRIL 2017
4
Case: 14-20112 Document: 00513964561 Page: 5 Date Filed: 04/24/2017
CERTIFICATE OF SERVICE
I hereby certify that on April 24, 2017, I electronically filed the foregoing with
the Clerk of the Court by using the appellate CM/ECF system. I further certify that
the participants in the case are registered CM/ECF users and that service will be
s/ Alisa B. Klein
ALISA B. KLEIN
Case: 14-20112 Document: 00513964561 Page: 6 Date Filed: 04/24/2017
No. 13-1540
LITTLE SISTERS OF THE POOR HOME FOR THE AGED, DENVER, COLORADO, a
Colorado non-profit corporation, LITTLE SISTERS OF THE POOR,
BALTIMORE, INC., a Maryland non-profit corporation, by themselves and
on behalf of all others similarly situated, CHRISTIAN BROTHERS
SERVICES, an Illinois non-profit corporation, and CHRISTIAN BROTHERS
EMPLOYEE BENEFIT TRUST,
Appellants,
v.
THOMAS PRICE, Secretary of the United States Department of Health
and Human Services, UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES, EDWARD HUGLER, Acting Secretary of the United
States Department of Labor, UNITED STATES DEPARTMENT OF LABOR,
STEVEN MNUCHIN, Secretary of the United States Department of the
Treasury, and UNITED STATES DEPARTMENT OF THE TREASURY,
Appellees.
suggest that the parties report back to the Court on their progress in 15
days.
Among other things, it is now clear that Defendants agree with the
Little Sisters religious exercise. See Little Sisters of the Poor Home for
the Aged, Denver, Colo. v. Burwell, 799 F.3d 1315 (10th Cir. 2015) (Hartz,
E.O. 13765 of January 20, 2017, 82 Fed. Reg. 8351. This exemption-
Court.
already taken the position at the United States Supreme Court that the
Mandate violates RFRA. Dr. Prices amicus brief in support of the Little
Sisters explained:
Burwell, 136 S. Ct. 1557 (2016) (Nos. 14-1418, 14-1453, 14-505, 15-35, 15-
2016, available at
http://www.catholicnewsagency.com/pdf/DJT_catholic_leadership_confer
absolutely certain religious orders like the Little Sisters of the Poor are
Id.
For these reasons, the Little Sisters expect that this dispute should be
resolved soon and respectfully request that the parties file a joint status
Respectfully submitted,
Carl C. Scherz
Seth Roberts
Locke Lord LLP
2200 Ross Avenue
Suite 2200
Dallas, Texas 75201
(214) 740-8583
cscherz@lockelord.com
Kevin C. Walsh
Univ. of Richmond Law School
28 Westhampton Way
Richmond, VA
(804) 287-6018
kwalsh@richmond.edu
MARCH 2017
Case: 14-20112 Document: 00513964561 Page: 11 Date Filed: 04/24/2017
Certification of Compliance
I certify that (1) all required privacy redactions have been made; (2)
any required paper copies are exact versions of the document filed
electronically; and (3) that the electronic submission was scanned for
viruses and found to be virus-free.
Certificate of Service
I hereby certify that on March 15, 2017, I electronically filed the
foregoing with the Clerk of Court by using the appellate CM/ECF system.
I further certify that the participants in the case are registered CM/ECF
users and that service will be accomplished by the appellate CM/ECF
system.
Plaintiffs - Appellants,
v. No. 13-1540
Defendants - Appellees.
------------------------------
NATIONAL ASSOCIATION OF
EVANGELICALS; ETHICS &
RELIGIOUS LIBERTY COMMISSION
OF THE SOUTHERN BAPTIST
CONVENTION; THE LUTHERAN
CHURCH- MISSOURI SYNOD;
AMERICAN BIBLE SOCIETY;
INSTITUTIONAL RELIGIOUS
FREEDOM ALLIANCE AND
CHRISTIAN LEGAL SOCIETY;
LIBERTY, LIFE, AND LAW
FOUNDATION; UNITED STATES
CONFERENCE OF CATHOLIC
BISHOPS; LIBERTY UNIVERSITY;
LIBERTY COUNSEL; 67 CATHOLIC
THEOLOGIANS AND ETHICISTS;
CONCERNED WOMEN FOR
AMERICA; AMERICANS UNITED FOR
SEPARATION OF CHURCH AND
STATE; AMERICAN CIVIL LIBERTIES
UNION; AMERICAN CIVIL LIBERTIES
UNION OF COLORADO; NATIONAL
HEALTH LAW PROGRAM;
AMERICAN PUBLIC HEALTH
ASSOCIATION; NATIONAL FAMILY
PLANNING & REPRODUCTIVE
HEALTH ASSOCIATION; NATIONAL
WOMEN'S HEALTH NETWORK;
NATIONAL LATINA INSTITUTE FOR
REPRODUCTIVE HEALTH;
NATIONAL ASIAN PACIFIC
AMERICAN WOMEN'S FORUM;
ASIAN AMERICANS ADVANCING
JUSTICE; AAJC; ASIAN AMERICANS
ADVANCING JUSTICE-LOS ANGELES;
ASIAN & PACIFIC ISLANDER
AMERICAN HEALTH FORUM; BLACK
WOMEN'S HEALTH IMPERATIVE;
FORWARD TOGETHER; IPAS;
SEXUALITY INFORMATION AND
EDUCATIONAL COUNCIL OF THE
U.S. (SIECUS); HIV LAW PROJECT;
CHRISTIE'S PLACE; NATIONAL
Case: 14-20112 Document: 00513964561 Page: 15 Date Filed: 04/24/2017
Amici Curiae.
_________________________________
ORDER *
_________________________________
This matter is before the court on the appellees Status Report and the Plaintiffs-
Appellants Status Report. The appellees suggest that future status reports should be
scheduled out 60 days, while the appellants ask only for 15 more days.
*
Pursuant to Federal Rule of Appellate Procedure 43(c)(2), the court has
substituted Thomas Price, Edward Hugler, and Steven Mnuchin as the current public
office holders in place of the public officials named in previous captions.
Case: 14-20112 Document: 00513964561 Page: 16 Date Filed: 04/24/2017
Upon consideration, and at the direction of the court, the parties shall file
simultaneous status reports on May 15, 2017. If circumstances warrant advice to the court
earlier than May 15, the parties may file status reports sooner describing what events
have occurred and suggesting how those events should impact future proceedings in this
appeal.