University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name C.W. Zumbeil v. Sebelius FA-DC-0014
Docket / Court 13-cv-01611 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On October 22, 2013, a for-profit company filed a lawsuit in the United States District Court for the District of D.C. under the Religious Freedom Restoration Act, the Administrative Procedure Act and the First Amendment against the U.S. Department of Health and Human Services. The plaintiff, ... read more >
On October 22, 2013, a for-profit company filed a lawsuit in the United States District Court for the District of D.C. under the Religious Freedom Restoration Act, the Administrative Procedure Act and the First Amendment against the U.S. Department of Health and Human Services. The plaintiff, represented in part by the public interest firm American Center for Law and Justice, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. Specifically, the plaintiff claimed that providing insurance coverage of contraception would violate the deeply held religious beliefs of the corporation's owners.

On November 27, 2013, United States District Court (Judge Reggie B. Walton) granted the plaintiff's unopposed motion for preliminary injunction and stayed the case. The Court ordered the defendant not to enforce the ACA insurance mandate regarding contraception against the plaintiff until 30 days after the United States Court of Appeals for the D.C. Circuit ruled in Gilardi v. U.S. Department of Health and Human Services , which involved similar legal issues and the same defendant as this case.

On November 1, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled in Gilardi that the ACA's contraception insurance mandate likely violates the free exercise clause of the Constitution and reversed the District Court's denial of a preliminary injunction against the defendant. On November 6, 2013, a petition for certiorari was filed. The Supreme Court docketed the case on January 30, 2014.

As of March 31, 2014, neither party in Zumbiel has filed a report with the court regarding their plans moving forward.

Mallory Jones - 03/31/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Defendant-type
Hospital/Health Department
Discrimination-basis
Religion discrimination
General
Contraception
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) U.S. Department of Health and Human Services
U.S. Department of Labor
U.S. Department of the Treasury
Plaintiff Description A for-profit company that believes the Affordable Care Act's contraception insurance mandate violates the owner's religious freedom
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing FA-DC-0004 : Gilardi v. Dep't of Health and Human Services [Gilardi v. Sebelius] (D.D.C.)
Docket(s)
1:13-cv-01611 (D.D.C.) 11/27/2013
FA-DC-0014-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 10/22/2013
FA-DC-0014-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Unopposed Motion for Preliminary injunction and Stay of Proceedings 11/25/2013
FA-DC-0014-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Hayden, Mark T. (Ohio)
FA-DC-0014-0002 | FA-DC-0014-9000
Lawless, Matthew D. (Ohio)
FA-DC-0014-0002 | FA-DC-0014-9000
May, Colby M. (District of Columbia)
FA-DC-0014-0001 | FA-DC-0014-9000
Nalbandian, John B. (Ohio)
FA-DC-0014-0002 | FA-DC-0014-9000
Defendant's Lawyers Bennett, Michelle Renee (District of Columbia)
FA-DC-0014-9000
Other Lawyers None on record

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