University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Wenski v. Sebelius FA-FL-0004
Docket / Court 12-cv-23820 ( S.D. Fla. )
State/Territory Florida
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On May 21, 2012, the Catholic Archbishop of Miami, on behalf of his diocese, along with several affiliated Catholic organizations, filed a lawsuit in the Southern District of Florida against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative ... read more >
On May 21, 2012, the Catholic Archbishop of Miami, on behalf of his diocese, along with several affiliated Catholic organizations, filed a lawsuit in the Southern District of Florida 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)), the First Amendment, and separation of powers. 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 contended that this mandatory contraception coverage violates their sincerely held religious beliefs.

On March 4, 2013, Judge Donald L. Graham granted defendants' motion to dismiss for lack of ripeness.

Wyatt Fore - 04/05/2013


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
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) United States Department of Health and Human Services
United States Department of Labor
United States Department of Treasury
Plaintiff Description The Catholic Archbishop of Miami, and affiliated 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-23820-DLG (S.D. Fla.) 03/04/2013
FA-FL-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/19/2012
FA-FL-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [granting defendants' motion to dismiss] 03/04/2013 (S.D. Fla.)
FA-FL-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Goodman, Jonathan (S.D. Fla.) [Magistrate]
FA-FL-0004-9000
Graham, Donald L. (S.D. Fla.)
FA-FL-0004-0002 | FA-FL-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Burnette, Jason T. (Georgia)
FA-FL-0004-0001 | FA-FL-0004-9000
Diaz, Roberto J. (Florida)
FA-FL-0004-0001 | FA-FL-0004-9000
Metcalf, Janine Cone (Georgia)
FA-FL-0004-0001 | FA-FL-0004-9000
Monde, David M. (Georgia)
FA-FL-0004-0001 | FA-FL-0004-9000
Smith, E. Kendrick (Georgia)
FA-FL-0004-0001 | FA-FL-0004-9000
Williams, James R. (Georgia)
FA-FL-0004-0001 | FA-FL-0004-9000
Defendant's Lawyers Bennett, Michelle Renee (District of Columbia)
FA-FL-0004-9000
Pollack, Michael Charles (District of Columbia)
FA-FL-0004-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -