On May 21, 2012, the Catholic Archdiocese of New York and other affiliated Catholic organizations filed a lawsuit in the Eastern District of New York against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), ...
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On May 21, 2012, the Catholic Archdiocese of New York and other affiliated Catholic organizations filed a lawsuit in the Eastern District of New York against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First and Fifth Amendments. Plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. Plaintiffs contended that this mandatory contraception coverage violates their sincerely held religious beliefs.
On December 4, Judge Brian Cogan issued an opinion granting in part and denying in part defendants' motion to dismiss for lack of subject matter jurisdiction, finding that plaintiffs' complaint were ripe for adjudication. However, because the health plan in question was grandfathered into contraception exemptions (specifically under safe harbor provisions granting temporary relief from mandatory contraception as federal regulations are re-written), that plaintiffs lack standing for that specific claim. However, plaintiffs maintain a cause of action for impending injury from future regulatory changes that would implement mandatory contraceptive coverage for the health plan when the safe harbor provisions terminate.
The case is ongoing.
Wyatt Fore - 03/29/2013
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