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Case Name State of Nebraska v. U.S. Department of Health and Human Services FA-NE-0001
Docket / Court 12-cv-03035 ( D. Neb. )
State/Territory Nebraska
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
This case, filed on February 23, 2012 in the United States District Court for the District of Nebraska, is one of a number of cases filed in various federal district courts across the county by Catholic organizations seeking injunctive and declaratory relief against the federal government. ... read more >
This case, filed on February 23, 2012 in the United States District Court for the District of Nebraska, is one of a number of cases filed in various federal district courts across the county by Catholic organizations seeking injunctive and declaratory relief against the federal government. Plaintiffs claim their free exercise of religion and freedom of speech rights are being violated by the portion of the interim final regulations adopted to implement the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) ("the ACA") that would require them to cover contraception as part of their health insurance offerings.

On April 30, 2012, defendants moved to dismiss the complaint, arguing, among other things, that the regulations were in the process of being amended; that no part of the law had been enforced against any of the Plaintiffs; and that the Plaintiffs lacked standing.

On July 17, 2012, in a 45-page opinion, the Court, (Senior Judge Warren K. Urbom) granted the Motion to Dismiss without prejudice.

On September 14, 2012, the plaintiff appealed the decision to the 8th Circuit Court of Appeals. However, the plaintiff voluntarily dismissed the appeal on August 21, 2013.

Denise Heberle - 07/19/2012
Mallory Jones - 11/26/2013


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Issues and Causes of Action
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Issues
Constitutional 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
State Plaintiff
Causes of Action Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
42 U.S.C. ยง 1983
Defendant(s) United States Department of Health and Human Services
Plaintiff Description 7 States (Nebraska, South Carolina, Texas, Ohio, Florida, Oklahoma, and Michigan) and various Catholic organizations and individuals
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2012
Case Ongoing No
Docket(s)
12-cv-03035 (D. Neb.) 08/21/2013
FA-NE-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/23/2012
FA-NE-0001-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum of Law in Support of Their Motion to Dismiss 04/30/2012
FA-NE-0001-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memeorandum in Opposition to Defendants' Motion to Dismiss 05/24/2012
FA-NE-0001-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order on Motion to Dismiss 07/17/2012 (877 F.Supp.2d 777) (D. Neb.)
FA-NE-0001-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment from U.S. Court of Appeals for the 8th Circuit 08/21/2013
FA-NE-0001-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gans, Michael E. Court not on record
FA-NE-0001-0005
Urbom, Warren Keith (D. Neb.)
FA-NE-0001-0004 | FA-NE-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Blankenau, Donald G. (Nebraska)
FA-NE-0001-0001 | FA-NE-0001-0003 | FA-NE-0001-9000
Bruning, Jon (Nebraska)
FA-NE-0001-0001 | FA-NE-0001-0003 | FA-NE-0001-9000
Cookson, David D. (Nebraska)
FA-NE-0001-9000
Spohn, Katherine J. (Nebraska)
FA-NE-0001-0001 | FA-NE-0001-0003 | FA-NE-0001-9000
Weber, Rocky C. (Nebraska)
FA-NE-0001-0001 | FA-NE-0001-0003 | FA-NE-0001-9000
Defendant's Lawyers Bennett, Michelle Renee (District of Columbia)
FA-NE-0001-0002 | FA-NE-0001-9000
Delery, Stuart F. (District of Columbia)
FA-NE-0001-0002
Gershengorn, Ian Heath (District of Columbia)
FA-NE-0001-0002
Gilg, Deborah R. (Nebraska)
FA-NE-0001-0002
Lieber, Sheila M. (District of Columbia)
FA-NE-0001-0002
Nelson, James D. (District of Columbia)
FA-NE-0001-0002
Ricketts, Jennifer (District of Columbia)
FA-NE-0001-0002
Womack, Eric R. (District of Columbia)
FA-NE-0001-0002
Other Lawyers None on record

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