Case: Eternal World Television Network v. Sebelius

2:12-cv-00501 | U.S. District Court for the Northern District of Alabama

Filed Date: Feb. 9, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On February 9, 2012, a Catholic media network filed a lawsuit in the U.S. District Court for the Northern District of Alabama 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 plaintiff, represented by in-house counsel and the Becket Fund for Religious Liberty, asked the court for both declaratory and injunctive relief, alleging that fe…

On February 9, 2012, a Catholic media network filed a lawsuit in the U.S. District Court for the Northern District of Alabama 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 plaintiff, represented by in-house counsel and the Becket Fund for Religious Liberty, asked the court for both declaratory and injunctive relief, alleging that federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA") violated its religious freedom by requiring it to provide employee insurance coverage for contraception through its group health insurance plan. Claiming that providing coverage for contraception would both contravene its Catholic faith and compel speech contrary to its beliefs, the plaintiff sought an exemption from the ACA's contraception mandate for itself and other institutions with similar religious objections.

On May 4, 2012, the defendant departments moved to dismiss the case for lack of jurisdiction. The U.S. argued that the plaintiff could not claim any imminent harm because the plaintiff had not alleged any facts showing that it did not qualify for the enforcement "safe harbor" period extending until January 1, 2014, and because the U.S. was in the process of amending the contraceptive coverage regulations to accommodate the objections of religious institutions like the plaintiff. In its brief opposing the motion to dismiss, the plaintiff argued that it could claim imminent harm because the anticipated amendments likely would not change the offensive contraception coverage requirement.

On March 25, 2013, Chief District Court Judge Sharon Lovelace Blackburn granted the U.S. motion to dismiss. Chief Judge Blackburn found that, while the plaintiff had alleged sufficient imminent harm to establish standing to bring the case, the government's efforts to address the plaintiff's concerns via the anticipated amendments rendered the plaintiff's claim not yet ripe for review.

On October 28, 2013, Plaintiff's revived their complaint in the Southern District of Alabama. Eternal Word Television Network, Inc. et al v. Sebelius.

Summary Authors

Hannah Swanson (4/8/2013)

Richard Jolly (3/16/2014)

Related Cases

Eternal World Television Network v. Sebelius, Southern District of Alabama (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4126835/parties/eternal-word-television-network-inc-v-sebelius/


Judge(s)

Blackburn, Sharon Lovelace (Alabama)

Attorney for Plaintiff

Duncan, S. Kyle (District of Columbia)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Brasher, Andrew Lynn (Alabama)

Delery, Stuart F. (District of Columbia)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:12-cv-00501

Docket (PACER)

Feb. 22, 2013

Feb. 22, 2013

Docket
13

2:12-cv-00501

First Amended Complaint

March 21, 2012

March 21, 2012

Pleading / Motion / Brief
15

2:12-cv-00501

State of Alabama's Memorandum in Support of Motion to Intervene

March 22, 2012

March 22, 2012

Pleading / Motion / Brief
29-1

2:12-cv-00501

Memorandum in Support of Defendant's Motion to Dismiss Plaintiff's First Amended Complaint

May 4, 2012

May 4, 2012

Findings Letter/Report

2012 WL 2012

30

2:12-cv-00501

Order

May 9, 2012

May 9, 2012

Order/Opinion
33

2:12-cv-00501

Plaintiff's Opposition to Defendant's Motion to Dismiss

June 1, 2012

June 1, 2012

Pleading / Motion / Brief

2012 WL 2012

36

2:12-cv-00501

Defendant's Reply in Support of Their Motion to Dismiss Plaintiff's First Amended Complaint

June 25, 2012

June 25, 2012

Pleading / Motion / Brief

2012 WL 2012

72

2:12-cv-00501

Intervenors' Notice of Recent Factual and Legal Developments

Feb. 5, 2013

Feb. 5, 2013

Pleading / Motion / Brief
79

2:12-cv-00501

Memorandum Opinion

March 25, 2013

March 25, 2013

Order/Opinion

935 F.Supp.2d 935

80

2:12-cv-00501

Order [Granting Motion to Dismiss for Lack of Jurisdiction]

March 25, 2013

March 25, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4126835/eternal-word-television-network-inc-v-sebelius/

Last updated March 26, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, filed by Eternal Word Television Network Inc.(KAM, ) (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

RECAP
2

NOTICE of Corporate Disclosure by Eternal Word Television Network Inc (KAM, ) (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

PACER
3

MOTION for Leave to Appear Pro Hac Vice by Eternal Word Television Network Inc. (Kniffin, Eric) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
4

MOTION for Leave to Appear Pro Hac Vice by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
5

SUMMONS Returned Executed by Eternal Word Television Network Inc. Kathleen Sebelius served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
6

SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of Health and Human Services served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
7

SUMMONS Returned Executed by Eternal Word Television Network Inc. Hilda Solis served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
8

SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of Labor served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
9

SUMMONS Returned Executed by Eternal Word Television Network Inc. Timothy Geithner served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
10

SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of the Treasury served on 3/5/2012, answer due 3/26/2012. (Duncan, Kyle) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
11

AFFIDAVIT of Service for copies of summonses and complaint served on Civil Process Clerk, U.S. Attorneys Office on 03/05/2012, filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
12

AFFIDAVIT of Service for copies of summonses and complaint served on U.S. Attorney General on 03/05/2012, filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
13

AMENDED COMPLAINT against All Defendants, filed by Eternal Word Television Network Inc.(Duncan, Kyle) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
14

MOTION to Intervene by State of Alabama, Luther Strange. (Attachments: # 1 Exhibit 1)(Brasher, Andrew) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
15

Brief re 14 MOTION to Intervene filed by State of Alabama, Luther Strange. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Brasher, Andrew) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
16

ORDER re 14 MOTION to Intervene filed by Luther Strange, State of Alabama ; any opposition to the motion is due by 4/23/2012; the putative interveners must file any argument by 5/23/2012. Signed by Chief Judge Sharon Lovelace Blackburn on 3/22/2012. (KAM, ) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
17

CERTIFICATE OF SERVICE by State of Alabama, Luther Strange Amended (Payne, Joshua) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
18

SUMMONS Returned Executed by Eternal Word Television Network Inc. Kathleen Sebelius served on 4/9/2012, answer due 6/8/2012. (Duncan, Kyle) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
19

SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of Health and Human Services served on 4/9/2012, answer due 6/8/2012. (Duncan, Kyle) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
20

SUMMONS Returned Executed by Eternal Word Television Network Inc. Hilda Solis served on 4/9/2012, answer due 6/8/2012. (Duncan, Kyle) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
21

SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of Labor served on 4/9/2012, answer due 6/8/2012. (Duncan, Kyle) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
22

SUMMONS Returned Executed by Eternal Word Television Network Inc. Timothy Geithner served on 4/10/2012, answer due 6/11/2012. (Duncan, Kyle) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
23

SUMMONS Returned Executed by Eternal Word Television Network Inc. United States Department of the Treasury served on 4/10/2012, answer due 6/11/2012. (Duncan, Kyle) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
24

AFFIDAVIT of Service for Copies of summonses and amended complaint served on Civil Process Clerk, U.S. Attorneys Office on 4/6/2012, filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
25

AFFIDAVIT of Service for Copies of summonses and amended complaint served on U.S. Attorney General on 4/9/2012, filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
26

NOTICE of Appearance by Eric R Womack on behalf of All Defendants (Womack, Eric) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
27

RESPONSE in Opposition re 14 MOTION to Intervene filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Womack, Eric) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
28

MOTION for Leave to Appear Pro Hac Vice by Eternal Word Television Network Inc. (Windham, Lori) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
29

MOTION to Dismiss for Lack of Jurisdiction by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Memorandum in Support)(Womack, Eric) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
30

ORDER re 29 MOTION to Dismiss for Lack of Jurisdiction filed by United States Department of the Treasury, Hilda Solis, Kathleen Sebelius, Timothy Geithner, United States Department of Health and Human Services, United States Department of Labor ; any opposition is due by 6/1/2012; reply is due by 6/25/2012. Signed by Chief Judge Sharon Lovelace Blackburn on 5/9/2012. (KAM, ) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
31

REPLY to Response to Motion re 14 MOTION to Intervene filed by State of Alabama, Luther Strange. (Brasher, Andrew) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
32

REPLY to re 14 Motion to Intervene filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
33

RESPONSE in Opposition re 29 MOTION to Dismiss for Lack of Jurisdiction filed by Eternal Word Television Network Inc. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Affidavit, # 4 Exhibit)(Duncan, Kyle) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
34

NOTICE of Appearance by Jacek Pruski on behalf of All Defendants (Pruski, Jacek) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
35

Joint MOTION for Extension of Time by Eternal Word Television Network Inc. (Windham, Lori) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
36

REPLY Brief filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re: 29 MOTION to Dismiss for Lack of Jurisdiction, 33 Response in Opposition to Motion filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
37

REPORT of Rule 26(f) Planning Meeting. (Duncan, Kyle) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

PACER
38

MOTION to Stay Discovery by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

PACER
39

MOTION for Leave to File Surreply by Eternal Word Television Network Inc. (Attachments: # 1 Exhibit Plaintiff's Surreply in Opposition to Defendants' Motion to Dismiss)(Duncan, Kyle) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
40

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury of Supplemental Authority (Attachments: # 1 Exhibit State of Nebraska v. HHS)(Pruski, Jacek) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
41

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury of Supplemental Authority (Attachments: # 1 Exhibit Belmont Abbey College v. Sebelius)(Pruski, Jacek) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
42

RESPONSE to Defendants Citation of Supplemental Authority filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
43

RESPONSE to re 40 Defendants' Supplemental Authority filed by State of Alabama, Luther Strange. (Attachments: # 1 Exhibit A - List of Alabama Health Insurance Mandates, # 2 Exhibit B - 2011 Health Insurance Mandates in the States)(Brasher, Andrew) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
44

RESPONSE to re 40 filed by Eternal Word Television Network Inc. (Duncan, Kyle) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
45

RESPONSE to re 43 Proposed Intervenors' Response to Nebraska v. HHS filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
46

RESPONSE in Opposition re 38 MOTION to Stay Discovery filed by Eternal Word Television Network Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Duncan, Kyle) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
47

NOTICE by Eternal Word Television Network Inc of Supplemental Authority (Attachments: # 1 Exhibit A)(Duncan, Kyle) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
48

RESPONSE to re 47 Plaintiff's Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
49

MOTION to Withdraw as Attorney by State of Alabama, Luther Strange. (Payne, Joshua) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
50

REPLY to Response to Motion re 38 MOTION to Stay Discovery filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
51

NOTICE by Eternal Word Television Network Inc of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Duncan, Kyle) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
52

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 29 MOTION to Dismiss for Lack of Jurisdiction of Supplemental Authority (Attachments: # 1 Exhibit)(Pruski, Jacek) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER
53

RESPONSE to re 51 Plaintiff's Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER
79

MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 3/25/2013. (KAM, )

March 26, 2013

March 26, 2013

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 9, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Eternal Word Television Network (EWTN) is a Catholic media network based in Irondale, Alabama. Plaintiff opposes providing coverage for contraception due to its religious beliefs.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Dept. of Health and Human Services (Washington), Federal

U.S. Dept. of Labor (Washington), Federal

U.S. Dept. of the Treasury (Washington), Federal

Defendant Type(s):

Hospital/Health Department

Case Details

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.

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None

Issues

Reproductive rights:

Contraception

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for-profit