University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Conlon v. Sebelius FA-IL-0002
Docket / Court 1:12-cv-03932 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On May 21, 2012, the Catholic Bishops of Joliet, IL and Springfield, IL, on behalf of their respective dioceses, along with several affiliated Catholic organizations, filed a lawsuit in the Northern District of Illinois against the Federal Government under the Religious Freedom Restoration Act (42 ... read more >
On May 21, 2012, the Catholic Bishops of Joliet, IL and Springfield, IL, on behalf of their respective dioceses, along with several affiliated Catholic organizations, filed a lawsuit in the Northern District of Illinois 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 Amendment. Plaintiffs, represented by private counsel, seek to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. Plaintiffs contend that this mandatory contraception coverage violates their sincerely held religious beliefs.

On February 8, 2013, the court (Judge John W. Darrah) granted defendants' motion to dismiss for lack of standing and ripeness. The court noted that the Federal Government had indicated in the Advanced Notice of Proposed Rule Making (ANPRM) its intention to amend the regulation. And while these amendments did not eliminate the possibility of imminent injury to the Plaintiffs, it did impact the likelihood of injury such that it was not "certainly impending." The court also held that the Plaintiffs inability to plan for the future based on the uncertain law did not impact their daily business.

Wyatt Fore - 04/05/2013
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
Defendant-type
Hospital/Health Department
Discrimination-basis
Religion discrimination
General
Contraception
Religious programs / policies
Plaintiff Type
Private Plaintiff
Causes of Action Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
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 Bishop of Joliet, IL, the Catholic Bishop of Springfield, IL, and associated Catholic organizations.
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 2013
Case Ongoing No
Docket(s)
1:12-cv-03932 (N.D. Ill.) 03/05/2013
FA-IL-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint and Jury Demand 08/08/2012
FA-IL-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 02/08/2013 (923 F.Supp.2d 1126) (N.D. Ill.)
FA-IL-0002-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Darrah, John W. (N.D. Ill.)
FA-IL-0002-0002 | FA-IL-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hogan, Carol A. (Illinois)
FA-IL-0002-0001 | FA-IL-0002-9000
Murashko, Dennis (Illinois)
FA-IL-0002-0001 | FA-IL-0002-9000
Murray, Brian Joseph (Illinois)
FA-IL-0002-0001 | FA-IL-0002-9000
Reidy, Daniel E. (Illinois)
FA-IL-0002-0001 | FA-IL-0002-9000
Rotatori, Mark P. (Illinois)
FA-IL-0002-0001 | FA-IL-0002-9000
Defendant's Lawyers Berwick, Benjamin Leon (District of Columbia)
FA-IL-0002-9000
Humphreys, Bradley Philip (District of Columbia)
FA-IL-0002-9000
Other Lawyers Schopp, David A. (Illinois)
FA-IL-0002-9000

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