University of Michigan Law School
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Case Name University of Notre Dame v. Sebelius FA-IN-0001
Docket / Court 3:12-cv-00253 ( N.D. Ind. )
State/Territory Indiana
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
This is one of 12 cases filed on May 21, 2012 in federal district courts across the country by Catholic organizations challenging the contraception mandate provision of the Affordable Care Act (ACA).

Plaintiffs, a Catholic University located in South Bend, Indiana, filed a lawsuit in the ... read more >
This is one of 12 cases filed on May 21, 2012 in federal district courts across the country by Catholic organizations challenging the contraception mandate provision of the Affordable Care Act (ACA).

Plaintiffs, a Catholic University located in South Bend, Indiana, filed a lawsuit in the U.S. District Court for the Northern District of Indiana against the Federal Government under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"). Plaintiffs, represented by private counsel, asked the court to issue a preliminary and permanent injunction prohibiting enforcement of provisions of the ACA extending universal contraception coverage to employer-sponsored private health insurance coverage. Specifically, plaintiffs claim that providing such services is inconsistent with its religious beliefs and contend that compliance with the contraception requirement is a substantial burden on their religious exercise. They also claim that while they have not yet paid the penalty, they remain unable to budget finances due to the uncertainty of the law.

On December 31, 2012, the court (Judge Robert L. Miller) granted the defendants' motion to dismiss for lack of standing and ripeness. The court noted that the Federal Government had initiated a safe-harbor period while it refashioned the regulation. As a result, Notre Dame could not show that it faced any penalty or restriction based on the existing regulatory requirement. The court also held that the plaintiffs' claimed harm from the inability to budget for the future did not render the regulation ripe. It stressed that the Notre Dame remained unable to identify the rule at issue that may ultimately apply to it.

Timothy Shoffner - 05/22/2012
Richard Jolly - 03/30/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Establishment Clause
Free Exercise Clause
Freedom of speech/association
Discrimination-basis
Religion discrimination
Plaintiff Type
Private Plaintiff
Causes of Action Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Declaratory Judgment Act, 28 U.S.C. § 2201
Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) U.S. Department of Health and Human Services
U.S. Department of Labor
U.S. Department of Treasury
Plaintiff Description Catholic University located in South Bend, IN
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Case Listing FA-IN-0005 : University of Notre Dame v. Sebelius (N.D. Ind.)
Docket(s)
3:12−cv−00253 (N.D. Ind.) 07/26/2013
FA-IN-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/21/2012
FA-IN-0001-0001.pdf | Detail
Document Source: Plaintiffs' counsel
Opinion and Order 12/31/2012 (2012 WL 6756332) (N.D. Ind.)
FA-IN-0001-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Miller, Robert Lowell Jr. (N.D. Ind.)
FA-IN-0001-0002 | FA-IN-0001-9000
Nuechterlein, Christopher A. (N.D. Ind.) [Magistrate]
FA-IN-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Corr, Marriane (Indiana)
FA-IN-0001-0001
DeJulius, Leon F. Jr. (Pennsylvania)
FA-IN-0001-0001 | FA-IN-0001-9000
Hogan, Carol A. (Illinois)
FA-IN-0001-0001 | FA-IN-0001-9000
Kairis, Matthew A (Ohio)
FA-IN-0001-0001 | FA-IN-0001-9000
Murphy, Eric E (Ohio)
FA-IN-0001-0001 | FA-IN-0001-9000
Murray, Brian Joseph (Illinois)
FA-IN-0001-0001 | FA-IN-0001-9000
Ranjan, Brandy H (Ohio)
FA-IN-0001-0001 | FA-IN-0001-9000
Defendant's Lawyers Berwick, Benjamin Leon (District of Columbia)
FA-IN-0001-9000
Other Lawyers White, Edward L. III (Michigan)
FA-IN-0001-9000

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