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Case Name Briscoe v. Sebelius FA-CO-0005
Docket / Court 1:13-cv-00285-WYD-BNB ( D. Colo. )
State/Territory Colorado
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On February 4, 2013, the Christian owners of a nursing home and assisted-living corporation and the corporation itself filed this lawsuit in the U.S. District Court for the Northern District of Illinois under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the ... read more >
On February 4, 2013, the Christian owners of a nursing home and assisted-living corporation and the corporation itself filed this lawsuit in the U.S. District Court for the Northern District of Illinois under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiffs, represented by the Alliance Defending Freedom-DC and private counsel, asked the court for both declaratory and injunctive relief, alleging the federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA") violated their religious freedom by requiring the corporation to provide employee insurance coverage for contraception through its group health insurance plan. Claiming that providing coverage for contraception would contravene both their Christian faith and compel speech and association contrary to their beliefs, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other institutions with similar religious objections.

On February 15, 2013, the plaintiffs filed a motion for a preliminary injunction. On July 3, 2013, U.S. District Judge Daniel issued an order deferring all motions in this case pending resolution upon remand of the plaintiffs' motion for preliminary injunction in Hobby Lobby v. Sebelius.

On September 6, 2013, the court issued an order granting a preliminary injunction. On October 21, 2013, the court issued an order staying the action pending the Supreme Court's disposition of the Government's petition for writ of certiorari in Hobby Lobby v. Sebelius.

On November 5, 2013, the defendants filed a notice of appeal of the preliminary injunction to the Tenth Circuit. On November 7, 2013, the Tenth Circuit granted the defendant's motion to abate the case pending the Supreme Court's decision in Hobby Lobby. On September 4, 2014, following the Supreme Court's decision in Hobby Lobby, the Tenth Circuit granted government's motion to voluntarily dismiss its appeal. On January 27, 2015, the District Court ordered an injunction against the government, prohibiting it from enforcing against the plaintiffs the version of the contraception mandate challenged in Hobby Lobby. The district court also ordered the parties to come to an agreement on attorneys' fees and costs.

Emma Lawton - 11/25/2013
Mallory Jones - 02/09/2014
Kate Craddock - 07/24/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Establishment Clause
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Discrimination-basis
Religion discrimination
General
Abortion
Contraception
Religious programs / policies
Plaintiff Type
Closely-held (for profit) corporation
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) Department of Health and Human Services
Department of Labor
Department of the Treasury
Plaintiff Description Christian-owned corporation seeking exemption from the ACA's contraception mandate.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2016
Case Ongoing No
Docket(s)
1:13-cv-00285-WYD-BNB (D. Colo.) 05/06/2016
FA-CO-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/04/2013
FA-CO-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Temporary Restraining Order 02/27/2013 (927 F.Supp.2d 1109) (D. Colo.)
FA-CO-0005-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Deferring Pending Motions 07/03/2013 (2013 WL 3357667 / 2013 U.S.Dist.LEXIS 93607) (D. Colo.)
FA-CO-0005-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Preliminary Injunction 09/06/2013 (2013 WL 4781711 / 2013 U.S.Dist.LEXIS 127510) (D. Colo.)
FA-CO-0005-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Injunction and Partial Judgment 01/27/2015 (D. Colo.)
FA-CO-0005-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Daniel, Wiley Young (D. Colo.)
FA-CO-0005-0002 | FA-CO-0005-0003 | FA-CO-0005-0004 | FA-CO-0005-0005 | FA-CO-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Aden, Steven H. (Virginia)
FA-CO-0005-0001 | FA-CO-0005-9000
Cortman, David A. (Georgia)
FA-CO-0005-9000
Decker, Natalie L (Colorado)
FA-CO-0005-0001 | FA-CO-0005-9000
Norton, Michael Jeffrey (Colorado)
FA-CO-0005-0001 | FA-CO-0005-9000
Defendant's Lawyers Humphreys, Bradley Philip (District of Columbia)
FA-CO-0005-9000
Other Lawyers Bowman, Matthew S. (District of Columbia)
FA-CO-0005-9000
Rich, Sara J. (Colorado)
FA-CO-0005-9000
Silverstein, Mark (Colorado)
FA-CO-0005-9000

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