ACA LITIGATION

ACA LITIGATION -- AN EIGHT YEAR AND A SIX YEAR SUMMARY

A GLOBAL CHALLENGE TO THE ACA

ACTIONS, CONTRACT OR OTHERWISE, USING ACA OR RELATED STATUTES
ACA FEDERALISM CASES
CHALLENGES TO OBAMA ADMINISTRATION REGULATIONS
SELECTED CONTRACEPTION CASES
NATIONWIDE INJUNCTION MATERIALS



ACA LITIGATION -- AN EIGHT YEAR SUMMARY


ACA LITIGATION -- A SIX YEAR SUMMARY




A GLOBAL CHALLENGE TO THE ACA

Texas v. U.S., No. 4:18-cv-167 (N.D. Tex, filed Feb. 26, 2018)
Complaint

Wallace intervention request, 3/1/2018

States' opposition to Wallace intervention request, 3/22/2018

Wallace intervention reply, 3/28/2018

Intervenor-defendants' motion to intervene, 4/9/2018

Intervention exhibits part 1

[part 2 too large for]
Proposed intervention order

Everything but the answer?

Intervenor-defendants' answer, 4/9/2018

Intervenor-defendants' motion to appear w/o local counsel, 4/9/2018

Plaintiffs' response to Wallace, 4/18/2018

Joint motion for briefing schedule, etc., 4/23/2018

Amended complaint, 4/23/2018

Beckenhauer attorney appearance, 4/23/2018

Without local counsel order, 4/24/2018

Briefing schedule, 4/24/2018

Wallace anti-McCain motion, 4/26/2018

Plaintiffs' PI motion and proposed order, 4/26/2018

Plaintiffs' PI memo in support, 4/26/2018

Plaintiffs' PI appendix, 4/26/2018

Intervenor-defendants' request to expedite, 4/27/2018

US request for extension to respond to intervention, 4/27/2018

Order denying US motion for extension, 4/30/2018

Plaintiffs' response to intervenor-defendants' motion, 4/30/2018

Order re timing of intervenors' reply, 4/30/2018

Individual plaintiffs' motion to appear without local counsel, 5/1/2018

Order allowing individual plaintiffs to appear without local counsel, 5/2/2018

McElvain attorney appearance, 5/2/2018

Citizens United, et al, amicus, 5/3/2018

Intervenor-defendants' reply supporting intervention, 5/4/2018

Proposed answer in intervention, 5/14/2018

Order granting intervention under 24(b), 5/16/2018

Wallace request default McCain, 5/16/2018

Kopplin attorney appearance, 5/16/2018

W G Hall Quickway intervention papers, 5/21/2018

Order expediting briefing on WGH Q motion, 5/22/2018

State intervenors' opposition to WGH Q motion, 5/31/2018

WGH Q reply supporting intervention, 6/4/2018

Shumate EA, 6/5/2018

Mauler EA, 6/7/2018

DOJ withdrawals, 6/7/2018

Intervenor-Defendants' PI opposition, 6/7/2018


Senate Finance open executive session, 11/15/2017

163 Cong. Rec. S7383 (Nov. 29, 2017) (Sen. Moore Capito)

163 Cong. Rec. S7666 (Dec. 1, 2017) (Sen. Scott)

US response to preliminary injunction motion, 6/7/2018

US request for extension of time to answer, 6/7/2018

Letter to Paul Ryan from AG Sessions, 6/7/2018 (link in Texas v. US extension request)

Letter to Nancy Pelosi from AG Sessions, 6/7/2018 (not filed in Texas v. US?)

Order accepting attorney withdrawals, 6/8/2018

Order extending time to answer, 6/8/2018

AMA amicus filings, 6/13/2018


AARP filing, 6/14/2018

Adler Bagley Gluck Somin Walsh amicus filing, 6/14/2018

AHIP amicus filings, 6/14/2018

American Cancer Society amicus filings, 6/14/2018

American Hospital Ass'n amicus filing, 6/14/2018

Economic Scholars amicus filings, 6/14/2018

Families USA amicus filings, 6/14/2018

Public Health Scholars filing, 6/14/2018

SEIU amicus filings, 6/14/2018

Small Business Majority Foundation filing, 6/14/2018

Order denying employers' intervention, 6/15/2018

Wallace extraordinary motion, 6/15/2018

Plaintiffs' opposition to Wallace motion, 6/20/2018

Wallace reply, 7/2/2018

Wallace motion (intervention?), 7/2/2018

Texas preliminary injunction reply plus appendix, 7/5/2018

James Blumstein WSJ column, referred to in the reply brief, 9/18/2017

Order setting deadline for additional submissions, 7/16/2018

Texas op to Wallace, 7/23/2018

Meadors amicus, 7/26/2018

Texas supplemental brief, 7/30/2018

California supplemental brief, 7/30/2018

Wallace reply, 8/3/2018

Order setting oral argument for 9/10, 8/14/2018

Unopposed motion to reschedule oral argument, 8/16/2018

Order partially granting motion and rescheduling oral argument to September 5, 8/19/2018

Transcript of preliminary injunction hearing, 9/5/2018



Letter to General Sessions from Sen. Collins, 6/27/2018 (referred to in California's argument, Tr. 131-32)



Severability Briefing from NFIB

US Severability Brief

US Severability Reply Brief

States’ Severability Brief

States’ Severability Reply Brief

Private Plaintiffs’ Severability Brief

Private Plaintiffs’ Severability Reply Brief

Court Appointed Amicus’s Severability Brief

California Severability Brief


NFIB Severability Opinions
Roberts

Ginsburg

Joint dissent

11th Circuit

District court


Merits Briefing from NFIB
US principal brief

Plaintiff States' brief

US reply brief


Presentations at the NAIC conference, August 5, 2018


S. 3388

Republican senators’ website statement (from Sen. Tillis’s website) on S. 3388
https://www.tillis.senate.gov/public/index.cfm/2018/8/senators-introduce-legislation-to-protect-americans-with-pre-existing-conditions

THE MARYLAND DEFEND-THE-ACA DECLARATORY JUDGMENT CASE

State of Maryland v. United States of America, [probably] No. 1:18-cv-2849 (D. Md.)
Complaint, September 13, 2018



THE NEW YORK ANTI-SABOTAGE ASSOCIATION HEALTH PLANS CASE


State of New York v. U.S. Dep't of Labor No. 1:18-cv-1747 (D. D.C.)

Complaint, July 26, 2018

Summary judgment memo, August 23, 2018

Brown (Kentucky) declaration

Caride (New Jersey) declaration

Dutt (California) declaration

Gasteier (Massachusetts) declaration

Kofman (DC) declaration

Kreidler (Washington) declaration

MacEwan (Washington) declaration

Monahan (Pennsylvania) declaration

Navarro (Delaware) declaration

O'Connor (Maryland) declaration

Stolfi (Oregon) declaration

Taylor (DC) declaration

Vullo (New York) declaration

Whorley (Virginia) declaration

Lucia declaration

US motion for stay, September 4, 2018

Response to motion for stay, and cross-motion for schedule, September 7, 2018

Reply supporting stay, September 12, 2018

Order denying stay and setting schedule, September 14, 2018



Association health plans proposed regulations, 83 Fed. Reg. 614 (Jan. 5, 2018)


New York, etc., comments (March 6, 2018)


Association health plans, final rule, 83 Fed. Reg. 28912 (June 21, 2018)



Federal compliance assistance paper, August 2018



THE COLUMBUS ANTI-SABOTAGE 2019 RULE TAKE CARE CASE

City of Columbus v. Trump, No. 1:18-cv-2364 (D. Md.)
Complaint, August 2, 2018


"Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal," January 20, 2017


"Potential Administrative Marketplace Reforms," discussed at a meeting, March 23, 2017


Democrats' letter to Price and Verma, August 18, 2017



CMS, "Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2019," [] Fed. Reg. [] (Oct. 27, 2017)

82 Fed. Reg. 51052 (Nov. 2, 2017)


Slavitt comments, Nov. 27, 2017


CMS, "Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2019" (first version)

83 Fed. Reg. 16930 (April 17, 2018)

Correction, 83 Fed. Reg. 21925 (May 11, 2018)



CMS FACT SHEET, April 9, 2018
CMS Fact Sheet 4 9 18

2018 HARDSHIP EXEMPTION
CMS Guidance, April 9, 2018


Decision in American Federation of Government Employees v. Trump, No. 1:18-cv-1261 (D. D.C., August 24/25, 2018)




THE ASSOCIATION FOR COMMUNITY HEALTH PLANS SHORT TERM LIMITED DURATION CASE


Association for Community Health Plans v. , No. 1:18-cv-2133 (D. D.C.)

Complaint, September 14, 2018


Consent motion for briefing schedule, September 24, 2018



ACTIONS, CONTRACT OR OTHERWISE, USING ACA OR RELATED STATUTES

Audia v. Briar Place, Ltd., No. 1:17-cv-6618 (N.D. Ill.)
Complaint, September 13, 2017

Amended complaint, November 13, 2017

Motion to dismiss, December 28, 2017


Opposition to motion to dismiss, January 30, 2018

Reply supporting motion to dismiss, February 23, 2018

Order denying motion to dismiss, April 24, 2018

Answer to amended complaint, May 8, 2018



Briscoe v. Health Care Service Corp., No. 1:16-cv-10294 (N.D. Ill.)

Order on motion to dismiss, December 4, 2017


Condry v. United Health Group, Inc., No. 1:17-cv-183 (N.D. Cal.)

Complaint, January 13, 2017

Amended Complaint, March 10, 2017

Motion to Dismiss, April 14, 2017

Opposition to Motion to Dismiss, May 8, 2017

Reply supporting motion to dismiss, May 22, 2017

Order, August 15, 2017

Second amended complaint, September 5, 2017

Defendants' 1292(b) certification motion, September 14, 2017

Answer to second amended complaint, September 19, 2017

Plaintiffs' 1292(b) opposition, September 28, 2017

Defendants' 1292(b) reply, October 5, 2017

Order denying 1292(b) certification, November 7, 2017

Defendants' summary judgment memo, November 20, 2017

Plaintiffs' summary judgment opposition/cross motion, December 18, 2017

Defendants' reply/response, January 5, 2018

Defendants' motion to strike, January 5, 2018

Plaintiffs' reply supporting cross-motion, January 19, 2018

Pre-argument order, April 25, 2018

Oral argument held, case taken under advisement, April 26, 2018
Summary judgment order, June 27, 2018



Edmo v. Idaho Dep’t of Correction, No. 1:17-cv-151 (D. Idaho)
Second amended complaint, September 1, 2017

Defendants' motion for partial summary judgment/dismissal, November 1, 2017

Plaintiff's opposition, November 22, 2017

Plaintiff's notice of constitutional question, November 22, 2017

Defendants' reply supporting dismissal, December 6, 2017

US request for extension re intervening, January 24, 2018

US statement declining to intervene, March 23, 2018

Order, June 7, 2018

Rule 35 order, July 26, 2018

Emergency motion for second Rule 35 order, August 8, 2018


8/09/2018
93
ORDER granting 89 Motion for Rule 35 Examination. The Court rejects plaintiff's attempt to limit the examination. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
Idaho preliminary injunction opposition, September 14, 2018

Corizon preliminary injunction opposition, September 14, 2018


Esparza v. University Medical Center Management Corp., No. 2:17-cv- 4803 (E.D. La.)

Order denying motion to dismiss, Sept. 5, 2017

Amended Order and Reasons, Oct. 24, 2017

Accepted Offer of Judgment, Oct. 25, 2017


Flack/Makenzie v. Wisconsin, No. 3:18-cv-309 (W.D. Wis.)

Complaint, April 30, 2018

PI memo, May 23, 2018

Proposed findings of fact, May 23, 2018

Answer, May 29, 2018

Defendants' motion to change briefing schedule, May 31, 2018

Plaintiffs' opposition, June 1, 2018

Order, June 5, 2018:
    • TEXT ONLY ORDER
The court held a telephonic conference this morning on defendants' motion to amend the briefing schedule for plaintiffs' preliminary injunction request (dkt. # 35 ), at which counsel for both sides appeared. For reasons explained during the hearing, including plaintiffs' narrowing their requests for preliminary relief to the named plaintiffs based on their ACA § 1557 and equal protection claims, as well as the parties' commitment to accommodating limited, reasonable discovery as to plaintiffs' claims of immediate harm, that motion was GRANTED IN PART AND DENIED IN PART. Accordingly, the schedule is amended as follows: Defendants' opposition is due July 12, 2018, and the preliminary injunction hearing will be on July 19 at 1:30 p.m. Signed by District Judge William M. Conley on 6/5/2018. (kwf) (Entered: 06/05/2018)
Plaintiffs' request to file reply brief supporting preliminary injunction, June 14, 2018

Amended answer, June 19, 2018

Stipulation re findings of fact, July 6, 2018

Opposition to PI, July 12, 2018

Response to proposed findings of fact, July 12, 2018

Plaintiffs' reply, with copy of Good v. Iowa DHS decision, July 16, 2018

Decision, July 25, 2018

Joint motion to amend deadlines, August 10, 2018

Supplemental opposition re scope of injunction, August 22, 2018


Notice of appeal, etc., August 24, 2018

Plaintiffs' response to supplemental opposition, August 29, 2018


Hartford Healthcare Corp. v. Anthem, No. 3:17-cv-1686 (D. Conn.)

Hartford Healthcare: Motion to dismiss amended complaint, October 23, 2017

Cases other than Mills cited in Hartford motion to dismiss
Association of NJ Chiropractors v. Horizon Healthcare Services, No. 3:16-cv-8400 (D. N.J.)
Opinion, June 13, 2017

In re Bradford, 534 B.R. 839 (2015)

Dominion Pathology Laboratories v. Anthem Health Plans of Virginia, No. 2:15-cv-152 (E.D. Va.)
Remand order, June 19, 2015

NY State Psychiatric Ass'n v. UnitedHealth Group, No. 1:13-cv-1599 (S.D. N.Y.)
Memorandum Order granting motion to dismiss, October 31, 2013

Second Circuit partial reversal and remand, No. 14-20 (August 20, 2015)

Dismissals, February 2, 2016

Hartford: Opposition to motion to dismiss amended complaint, October 31, 2017

Hartford: Decision, Nov. 1, 2017



Harvey v. Centene Corp., No. 2:18-cv-12 (E.D. Wash.)
Complaint, filed January 11, 2018

Joint status report and discovery plan, March 8, 2018


Centene-related consent order from Washington State, Dec. 15, 2017



Motion to dismiss (Centene), March 12, 2018


Motion to dismiss (Coordinated Care), March 12, 2018

[Dinkleman declaration]
Motion to dismiss (Superior), March 12, 2018



Op to motions to dismiss, April 30, 2018


Mo to dismiss replies, May 29, 2018





Order allowing filing of amended complaint, July 17, 2018


Harvey amended complaint, July 18, 2018


Motion to dismiss amended complaint, August 1, 2018


Stipulation for second amended complaint, August 29, 2018

Second amended complaint, August 29, 2018

Motion to dismiss second amended complaint, September 12, 2018



Mills v. BlueCross BlueShield of TN, No. 3:15-cv-552 (E.D. Tenn.)

Memorandum Opinion and Order, January 9, 2017

Recon (BCBS),

Recon (plaintiff)

Stipulation for dismissal/settlement, April 12, 2017



Prescott v. Rady Children's Hospital, No. 3:16-cv-2408 (S.D. Cal.)

Order on motion to dismiss, September 27, 2017

Amended complaint, October 12, 2017

Motion to dismiss state claims, October 26, 2017

Opposition to motion to dismiss state claims, November 22, 2017

Reply supporting motion to dismiss state claims, December 1, 2017

Order dismissing some of the state claims, May 11, 2018

Answer to first amended complaint, May 25, 2018



Schmitt v. Kaiser Foundation Health Plan of Washington, No. 2:17-cv-1611 (W.D. Wash.)
Kaiser motion to dismiss, January 5, 2018

Plaintiff's opposition, February 2, 2018

Kaiser reply, February 9, 2018

Order allowing second amended complaint, February 27, 2018

Second amended complaint, February 28, 2018

Plaintiffs' additional authority (Flack and Boyden), July 31, 2018

Defendants' additional authority (Doe v. BC BS TN), July 31, 2018

Defendants' additional authority (Wood), August 28, 2018

Defendants' additional authority (Puerner), August 30, 2018

Plaintiffs' additional authority (4 cases), August 30, 2018

Order dismissing case, September 14, 2018


Tovar v. Essentia Health, No. 0:16-cv-100
Memorandum Opinion and Order, Sept. 20, 2018


ACA FEDERALISM CASES

Florida v. U.S., No. 3:10-cv-91 (N.D. Fla.), Order on Motion to Dismiss (Oct. 14, 2010)


Florida v. U.S., No. 3:10-cv-91 (N.D. Fla.), Order Granting Summary Judgment (Jan. 31, 2011)


Florida v. U.S., Nos. 11-11021/11067 (11th Cir.), Opinion (Aug. 12, 2011)


National Fed. of Indep. Business v. Sebelius, Nos. [[tel:11-393/398|11-393/398]]/400 (U.S., June 28, 2012)



ALASKA

Alaska Legislative Council v. Walker, No. 3AN-15-09208CI (Alaska Superior Court), Transcript of Decision (Aug. 28, 2015)


Alaska Legislative Council v. Walker, No. 3AN-15-09208CI (Alaska Superior Court), Summary Judgment Decision and Order (March 1, 2016)



ARIZONA

Biggs v. Brewer, No. CV-14-0132-PR (Arizona), Opinion (Dec. 31, 2014)


Biggs v. Brewer, No. CV 2013-011699 (Maricopa Co. Superior Court), Opinion (Aug. 27, 2015)


Biggs v. Betlach, No. 1 CA-CV 15-0743 (Arizona App.), Opinion (March 16, 2017)


Biggs v. Betlach, No. CV-17-0130-PR (Arizona), Opinion (November 17, 2017)



KENTUCKY

Adams v. Comm. of Kentucky, No. 13-CI-605 (Franklin, Ky. Co. Circuit Court, Division 1, Sept. 3, 2013)



MAINE

Mayhew v. Burwell, No. 14-1300 (1st Cir.), Opinion (Nov. 17, 2014)



Maine Equal Justice Partners v. Hamilton, No. CV-18-___ (Kennebec Co. Superior Court)
Petition

Merits Brief

Motion to Expedite


Order, June 4, 2018


Order, August 23, 2018


NEBRASKA

Christensen v. Gale, No. CI 18-2305 CI-(Lancaster County District Court, August 28, 2018)



NORTH CAROLINA

Berger v. Burwell, No. 5:17-cv-25 (E.D. N.C.), TRO (January 14, 2017)

Order, January 27, 2017

US op to PI/motion to dismiss, April 7, 2017

Pltf wdwl PI motion, April 17, 2017

Pltf op US mo dism, 4/28/2017

US reply supporting mo to dismiss, 5/12/2017

Voluntary dismissal, 7/20/2017



OHIO

Ohio ex rel Cleveland Right to Life v. State of Ohio Controlling Board, 138 Ohio St.3d 57 (Dec. 20, 2013)



Ohio v. U.S., No. 2:15-cv-321 (S.D. Ohio), Opinion (Jan. 5, 2016)

Ohio v. U.S., No. 16-3093 (6th Cir., Feb. 17, 2017)

Petition for rehearing en banc

Kansas amicus supporting

US response

Rehearing en banc denied, 5/26/17


TEXAS**

Texas v. U.S., No. 7:15-cv-151 (N.D. Tex.), Memorandum Opinion and Order (August 4, 2016)

Government request for extension of time, 1/26/17

Government request for extension of time, 5/4/17

Plaintiffs' opposition to extension, 5/5/17

Order for extension, 5/16/17

Government SJ op/cross motion, 6/5/17

Plaintiffs' SJ reply/op, 6/23/17

Government SJ reply, 7/13/17

Order re oral argument, 9/29/17

OA continuance motion, 10/2/17

OA rescheduling order, 10/2/17

OA renewed continuance motion, 10/3/17

10/05/2017
80
ELECTRONIC ORDER granting 79 Motion to Continue. Motion Hearing set for 10/25/2017 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 10/5/2017) (chmb) (Entered: 10/05/2017)
Supplemental briefing order, 11/1/2017

Plaintiffs' supplemental brief, 11/13/2017

Gov't supplemental brief, 11/22/2017

Plaintiffs' supplemental SJ brief, 11/27/2017

Summary judgment opinion, 3/5/2018

Order requesting status report, 3/7/2018

Joint status report, 3/14/2018


Order, 3/15/2018

US notice of interlocutory appeal, 5/3/2018

Fifth Circuit # 18-10545
District court question re final judgment, 5/15/2018

Texas notice of interlocutory cross [?] appeal, 5/17/2018

Texas motion for entry of final judgment/reconsideration, 5/21/2018


US response, 6/11/2018

Joint motion to hold appeal in abeyance, 6/14/2018

Clerk's stay order, 6/15/2018

Texas reply supporting reconsideration, 6/25/2018

Fifth Circuit status report, 8/14/2018

Order (on reconsideration), 8/21/2018

US request for stay, 8/24/2018

Plaintiffs' opposition to stay, 9/7/2018

Plaintiffs' motion for leave to file second amended complaint, with expediting paperwork, 9/7/2018


Order setting deadlines, 9/7/2018

US opposition to second amended complaint, 9/12/2018

Texas reply supporting second amended complaint, 9/13/2018

Fifth Circuit status report, 9/14/2018

Order denying second amended complaint, 9/20/2018

US reply supporting stay, 9/21/2018


[Not filed in Texas v. U.S.: American Academy of Actuaries statement, March 13, 2018]


[IRS information on 2017, 2018, and 2019 HIPFs]
IRS moratorium info


WEST VIRGINIA

West Virginia v. U.S. D.H.H.S., No. 15-5309 (D.C. Circuit)

Complaint, 7/19/14

Exhibit 6, Administrative Fix letter to states, 11/14/13


Notice of appeal, with district court docket and opinion,11/9/15


Appellant's opening brief, 1/15/16


Appellees' brief, 2/23/16


Appellant's reply brief, 3/8/16


Opinion (July 1, 2016)

Cert petition

Cert opposition

Cert reply

Cert denied, 4/17/17


FEDERALISM CASES


Tennessee General Assembly v. U.S. Dep't of State, No. 1:17-cv-1040 (W.D. Tenn.), Complaint (March 13, 2017)

US motion to dismiss, June 1, 2017

General Assembly's opposition to motion to dismiss, July 14, 2017

US reply supporting motion to dismiss, August 18, 2017

Order granting motion to dismiss, March 19, 2018


US amicus brief in Christie v. NCAA, Nos. [[tel:16-476/477|16-476/477]] (May 23, 2017)

Murphy v. NCAA, No. 16-476 (U.S., May 14, 2018)



CHALLENGES TO OBAMA ADMINISTRATION REGULATIONS

v. U.S. EEOC, No. 1:16-cv-2113 (D. D.C.), Memorandum Opinion (December 29, 2016)

Memorandum Opinion (August 22, 2017)

Order (August 22, 2017)

AARP motion to alter or amend judgment (August 30, 2017)

EEOC opposition (Sept. 11, 2017)

EEOC status report (Sept. 21, 2017)

AARP reply (Sept. 28, 2017)

Opinion invalidating regulation, 1/1/19 (Dec. 20, 2017)

Order (Dec. 20, 2017)

Unopposed motion for partial reconsideration (Jan. 16, 2018)

Order partly granting and partly denying reconsideration (Jan. 18, 2018)

Status report (March 30, 2018)



Complaint in The Religious Sisters of Mercy v. Burwell, No. 3:16-cv-386 (filed November 7, 2016)


Complaint in Catholic Benefits Ass'n v. Burwell, No. 3:16-cv-432 (filed December 28, 2016)


Franciscan Alliance v. Burwell, No. 7:16-cv-108 (N.D. Tex.), Order (December 31, 2016)

Order denying 24(a) intervention and stay (January 24, 2017)

US motion for voluntary remand and stay (May 2, 2017)

Plaintiffs' opposition to voluntary remand (May 4, 2017)

US voluntary remand reply (May 18, 2017)

Scheduling order (June 13, 2017)

Fifth Circuit action on putative intervenors' appeal (June 30, 2017)

Order re voluntary remand and stay (July 10, 2017)

US status report (August 4, 2017)

Status report order (August 16, 2017)

Status report (December 15, 2017)

Status report (February 13, 2018)

Status report (April 16 [?], 2018)

Status report (June 25, 2018)

Status report (August 14, 2018)

Fifth Circuit appeal, 17-10135

North Dakota v. Burwell, No. 3:16-cv-386 (D. N.D.), US motion for voluntary remand/stay, May 26, 2017

Plaintiffs' request for additional stay, May 30, 2017

Plaintiffs' response to US motion for voluntary remand, June 9, 2017

US EEOC op to stay, June 13, 2017

Plaintiffs' reply in support of stay, June 20, 2017

US notice of supplemental authority, July 12, 2017

Stay but no remand order, August 24, 2017


Deference to 1557 regulations? Tovar v. Essentia Health, No. 16-3186 (8th Cir., May 24, 2017), slip op. at 13 & n.4 (Benton, J., concurring in part and dissenting in part)


1557 case: Esparza v. University Medical Center Management Corp., No. 2:17-cv-4803 (E.D. La., Sept. 5, 2017), Order Denying Motion to Dismiss

Amended Order and Reasons, Oct. 24, 2017

Accepted Offer of Judgment, Oct. 25, 2017


Prescott v. Rady Children's Hospital, No. 3:16-cv-2408 (Order on Motion to Dismiss, Sept. 27, 2017)

Prescott amended complaint, Oct. 12, 2017



Dialysis Patient Citizens v. Burwell, No. 4:17-cv-16 (E.D. Tex), TRO (January 12, 2017)

PI order, January 25, 2017

Consent motion to stay, June 22, 2017

Letter to Secretary Azar from AHIP, April 16, 2018


see also Central United Life Insurance v. Burwell, No. 15-5310 (D.C. Cir., July 1, 2016)


American College of Emergency Physicians v. Price, No. 1:15-cv-913, Memorandum Opinion (D. D.C., Aug. 31, 2017)

Joint status report, Jan. 22, 2018

Joint status report, May 1, 2018

83 Fed. Reg. 19431 (May 3, 2018)

Stipulation to dismiss and dismissal (May 23, 2018)



Nevada v. U.S. Dep't of Labor, No. 4:16-cv-731 (E.D. Tex., Nov. 22, 2016)

Aug. 31, 2017)

Contempt order, March 19, 2018

Stay order, May 1, 2018



RISK ADJUSTMENT CASES

Minuteman Health v. U.S. DHHS, No. 1:16-cv-11570 (D. Mass., Jan. 30, 2018) (risk adjustment)
Complaint, July 29, 2016

Amended complaint, Jan. 12, 2017

Plaintiff's summary judgment memo, April 6, 2017

Defendant's opposition/cross motion, May 25, 2017

Plaintiff's SJ reply XSJ op, July 20, 2017

Plaintiff's SJ reply XSJ op, Sept. 14, 2017

Opinion, Jan. 30, 2018


New Mexico Health Connections v. U.S. D.H.H.S. No. 1:16-cv-878 (D. N.M., Feb. 28, 2018) (risk adjustment)
Complaint, July 29, 2016

Amended complaint, Jan. 12, 2017

Answer to amended complaint, Feb. 23, 2017

NMHC summary judgment memo, April 13, 2017

US op/cross motion, June 1, 2017

NMHC reply/opposition, July 13, 2017

US reply, Aug. 17, 2017

NMHC supp authority, Sept. 18, 2017

US response to supp authority, Sept. 22, 2017

Opinion, Feb. 28, 2018

US motion to alter or amend judgment, March 28, 2018




NMHC motion to strike, April 23, 2018

NMHC op to motion to alter or amend, April 23, 2018



US op to motion to strike, May 7, 2018

US reply supporting motion to alter or amend, May 17, 2018

NM addl authority (Moda), June 15, 2018

US response to addl authority, June 20, 2018

Clerk's notes from oral argument, June 21, 2018

CMS notice of progress re interim rule, etc., July 19, 2018

AHIP BCBSA amicus statement, July 19, 2018

US notice, July 25, 2018

NMHC opposition to BCBS amicus, August 1, 2018

NMHC response to US notice, August 1, 2018

US notice, August 8, 2018

NMHC response to US notice, August 13, 2018

NMHC second suit, 1:18-cv-773, filed August 13, 2018

NMHC second suit summary judgment memo, August 13, 2018

NMHC motion to consolidate, August 15, 2018

US notice re filing opposition, August 16, 2018

Withdrawal of consolidation motion, August 29, 2018

Joint motion to reassign, August 29, 2018

Notice of additional authority (Montana HCO CSR), September 6, 2018


CMS press release, July 7, 2018
CMS risk adjustment press release

CMS notice, July 24, 2018

Proposed risk adjustment rule for 2018 (first version)


UnitedHealthcare of New York v. Vullo, No. 1:17-cv-7694 (S.D. N.Y.)

Defendant's motion to dismiss, December 15, 2017/January 24, 2018

Powell declaration supporting motion to dismiss, December 15, 2017/January 24, 2018

Opposition to motion to dismiss/memo supporting summary judgment, January 9, 2018

Defendants' summary judgment opposition/motion to dismiss reply, February 16, 2018

Reply supporting plaintiffs' motion for summary judgment, March 16, 2018

Order requesting US amicus filing, June 25, 2018

US request for extension of time, June 27, 2018, partially denied, July 2, 2018

Opinion and Order, August 10, 2018

Judgment, August 13, 2018

Oxford memo for injunction pending appeal, August 23, 2018


Oxford motion for expediting injunction pending appeal, August 23, 2018

Opposition to expediting, August 24, 2018

Reply supporting expediting, August 24, 2018

Order denying expediting, August 27, 2018

Second Circuit No. 18-2583
US opposition to injunction pending appeal, September 5, 2018

Reply supporting injunction pending appeal, September 10, 2018

Order denying injunction pending appeal (District Court), September 21, 2018


EMPLOYER MANDATE HOURS CASE


Marin v. Dave & Buster’s, Inc., No. 1 :15-3608[] (S.D. N.Y)
Complaint, 5/18/15


Order Denying Motion to Dismiss, 2/19/16


Motion for Preliminary Approval of Class Action Settlement, 11/17/2017


Order Denying Approval, 11/30/2017


Letter re possible settlement, 2/21/2018


SELECTED CONTRACEPTION CASES

Little Sisters of the Poor v. Price, No. 13-1540 (10th Cir.)
Plaintiffs-Appellants' status report, March 15, 2017

Government's response, March 16, 2017

Tenth Circuit order, March 16, 2017

Plaintiffs-Appellants' status report, May 15, 2017

Government's status report, May 15, 2017

Tenth Circuit order, May 17, 2017

Tenth Circuit order, July 25, 2017

Government's status report, September 12, 2017

Plaintiffs' status report, September 12, 2017

Order for status reports on November 13, September 13, 2017


East Texas Baptist University v. Price, No. 14-20112 (5th Cir.)
Status Report and Request to Recommence Litigation, April 20, 2017

US motion to continue abeyance, April 24, 2017

Univ Dallas motion to continue stay, April 24, 2017

East Texas Baptist opposition to continuing abeyance, April 25, 2017

Fifth Circuit extension order, April 28, 2017

US update, June 23, 2017

Fifth Circuit extension abeyance, June 26, 2017

US status report, August 22, 2017

Appellees' status report, August 22, 2017

Another month of abeyance order, August 23, 2017

US status report, September 21, 2017

U Dallas status report, September 21, 2017

ETB status report, September 21, 2017

Appellant's motion to dismiss appeal, October 6, 2017

ETB status report, October 27, 2017

ETB US status report, October 30, 2017


Wieland v. U.S. DHHS, No. 16-3831 (8th Cir.)
Appellant status report, June 30, 2017

Appellee response to status report, July 1, 2017

Court order for next status report, July 12, 2017

US status report, August 29, 2017

Status report order, September 6, 2017

US status report, October 30, 2017

Joint stip to dismiss appeal, November 13, 2017



Sharpe Holdings, 8th Cir., Govt motion to dismiss own appeal, October 6, 2017


Real Alternatives v. Sec.y, USDHHS, No. 16-1275 (3d Cir.)
Opinion, August 4, 2017


Wheaton College v. Azar, No. 1:13-cv-8910 (N.D. Ill., Feb. 22, 2018)


Religious contraception rule, October 6, 2017

Moral contraception rule, October 6, 2017


California

ACLU v. Wright, No. 3:17-cv-5772 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Related to 5783 (below), November 6, 2017

California v. Wright, No. 3:17-cv-5783 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Motion for preliminary injunction, November 9, 2017

Little Sisters motion to intervene, November 21, 2017

Govt op to PI, November 29, 2017

Pltfs op to LS interv, December 6, 2017

Little Sisters' proposed PI op, December 6, 2017

Pltfs PI reply, December 6, 2017, with declaration and ? FOIA info ?



March for Life EDF motion to intervene, December 8, 2017

Little Sisters interv reply, December 11, 2017

Preliminary injunction order, December 21, 2017

Plaintiffs' op to March for Life motion to intervene, December 22, 2017

Order allowing Little Sisters to intervene, December 29, 2017

March for Life request to expedite [?] its intervention motion, January 17, 2018

Order granting March for Life intervention, January 26, 2018

Little Sisters appeal from PI order, January 26, 2018 (9th Cir. 18-15144)

March for Life appeal from PI order, January 31, 2018 (9th Cir. 18-15166)

US appeal from PI order, February 16, 2018

US appeal, 18-15255
Consolidation order in Ninth Circuit, March 7, 2018
Trial court stipulation for stay, March 8, 2018

Stay order, March 8, 2018

US opening brief, April 9, 2018

Little Sisters opening brief, April 9, 2018

March for Life opening brief, April 9, 2018

First Liberty Institute amicus, April 16, 2018

Con law scholars amicus, April 16, 2018

Religious Sisters of Mercy amicus, April 16, 2018

Appellees' brief, May 21, 2018

NWLC amicus, May 25, 2018

AAUW amicus, May 25, 2018

CRR amicus, May 29, 2018

HPO amicus, May 29, 2018

Mass amicus, May 29, 2018

Ad Law Profs amicus, May 29, 2018

17 Cities amicus, May 29, 2018

AUSCS amicus, May 29, 2018

ACLU amicus, May 29, 2018

PP amicus, May 29, 2018

USWCC amicus, May 29, 2018

US reply, June 11, 2018

Little Sisters reply, June 11, 2018

March for Life reply, June 11, 2018

US additional authority (nationwide injunctions), August 7, 2018

Calif additional authority (nationwide injunctions), August 16, 2018


Colorado

Campbell v. Trump, No. 1:17-cv-2455 (D. Colo.)

Complaint, October 13, 2017

US motion to dismiss, December 18, 2017

Opposition to motion to dismiss, January 7, 2018

Reply supporting motion to dismiss, January 19, 2018

Order, September 11, 2018



Massachusetts

Com. of Mass. v. Wright, No. 1:17-cv-11930 (D. Mass.)
Complaint, October 6, 2017

Amended complaint, November 16, 2017

Memo for summary judgment, November 17, 2017

US SJ xmo, op, motion to dismiss, December 8, 2017

Commonwealth combined SJ reply XSJ op dismissal op, January 19, 2018

Order denying intervention, January 29, 2018

US reply, February 8, 2018

Summary judgment order on standing, March 12, 2018

Judgment, April 4, 2018

Notice of appeal, May 29, 2018

First Circuit # 18-1514
Opening brief, September 17, 2018

Health professional organizations amicus, September 21, 2018

Center for Reproductive Rights amicus, September 21, 2018

Guttmacher amicus, September 24, 2018

ACLU amicus, September 24, 2018

Public Health Scholars amicus, September 24, 2018

AAUW amicus, September 24, 2018

Santa Clara County amicus, September 24, 2018

NWLC amicus, September 24, 2018



Pennsylvania

Com. of Pennsylvania v. Trump, No. 2:17-cv-4540 (E.D. Pa.)
Complaint, October 11, 2017

PI memo, November 2, 2017

PI op, November 16, 2017

US motion to dismiss, November 16, 2017

Little Sisters interv memo, November 22, 2017

PI reply, November 27, 2017

ACLJ amicus, November 28, 2017

Calif Women Lawyers amicus, November 28, 2017

Massachusetts et al amicus, November 28, 2017

PA opposition to motion to dismiss, November 30, 2017

US dismissal reply, December 7, 2017

LS intervention reply, December 7, 2017

Order denying Little Sisters intervention, December 7, 2017

Little Sisters appeal # 17-3679
Govt motion in limine re administrative record, December 11, 2017

Plaintiff's op to motion in limine, December 13, 2017

Govt reply re motion in limine, December 13, 2017

Order denying motion in limine, December 13, 2017

Opinion granting PI, December 15, 2017

PI order, December 15, 2017

Little Sisters protective notice of appeal, December 15, 2017

Little Sisters appeal # 17-3752

US appeal February 6, 2018, #18-1253

US motion for stay in trial court, February 8, 2018

Order granting stay in trial court, February 9, 2018

US appeal 18-1253
Third Circuit opinion in 17-3679 on intervention, April 24, 2018

Third Circuit reversal order, April 24, 2018

Order vacating injunction, May 10, 2018

McElvain withdrawal, July 2, 2018


Washington

Washington v. Trump, No. 2:17-cv-1510 (W.D. Wash.)
Complaint, October 9, 2017

Stay pending California & Pennsylvania cases, Jan. 19, 2018




Priests for Life stipulation, No. 13-5368 (D.C. Cir., Oct. 23, 2017)



A LOOK BACK AT SEVEN-SKY AND JUDGE KAVANAUGH'S FOOTNOTE 43


No. 11-5047 (D.C. Cir.)

Order for additional briefing, August 31, 2011

Opinion, November 8, 2011

Westlaw version of Seven-Sky v. Holder, 661 F.3d 1 (D.C. Cir. 2011) (Kavanaugh, J., dissenting as to jurisdiction)

Freytag v. Commissioner of Internal Revenue (Scalia, J., concurring in the judgment)

Frank Easterbrook, Presidential Review, 40 Case Western Reserve L. Rev. 905 (1989)


Aiken County


STATE AND ORGANIZATIONAL STANDING?

National Fair Housing Alliance v. Carson, No. 1:18-cv-1076 (D. D.C., August 17, 2018)


NATIONWIDE INJUNCTION MATERIALS

Samuel L. Bray, "Multiple Chancellors: Reforming the National Injunction," UCLA School of Law, Public Law Research Paper No. 16-54. Available at SSRN: https://ssrn.com/abstract=2864175 or http://dx.doi.org/10.2139/ssrn.2864175 (February 9, 2017 draft).



Earth Island Institute v. Ruthenbeck, 490 F.3d 687, 699 (9th Cir. 2007), rev'd on other grounds sub nom. Summers v. Earth Island Institute, 555 U.S. 488 (2009)



Transcript of oral argument in Halbig v. Sebelius, No. 14-5018, at 66-69 (March 25, 2014)



Texas v. U.S., 809 F.3d 134, 187-88 (5th Cir. 2015), aff'd by an equally divided court, 136 S.Ct. 2271 (June 23, 2016)



Preliminary injunction order, NFIB v. Perez, No. 5:16-cv-66 (N.D. Tex., June 27, 2016)



Preliminary injunction order, Texas v. U.S., No. 7:16-cv-54 (N.D. Tex., August 21, 2016)


Motion/memo for partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., November 23, 2016)


Opposition to partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., December 5, 2016)


Reply supporting partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., December 9, 2016)


Additional authorities opposing partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., February 9, 2017)


Withdrawal of motion for partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., February 10, 2017)



Order Granting Preliminary Injunction, Associated Builders and Contractors of SE Texas v. Ruug, No. 1:16-cv-425 (E.D. Tex., October 24, 2016)



Memorandum Opinion and Order, Nevada v. U.S. Dep't of Labor, No. 4:16-cv-731 (E.D. Tex., November 22, 2016)

Summary judgment order, Aug. 31, 2017

Appeal # 17-41130
Unopposed motion to put 5th Circuit appeal in abeyance,

Fifth Circuit abeyance order,

Contempt order, March 19, 2018

Motion for stay pending appeal, March 20, 2018

Appeal # 18-40246
Motion for interim stay, March 21, 2018

Opposition to stay pending appeal, March 23, 2018

Opposition to interim stay, March 23, 2018

Interim stay, March 23, 2018

Withdrawal of 5C motion for stay, March 23, 2018

Reply in support of stay pending appeal, March 27, 2018

Stay order, May 1, 2018

Status report, May 7, 2018

Opening brief in Fifth Circuit, May 22, 2018

Nevada appellees' brief, July 6, 2018

Chipotle appellees' brief, July 6, 2018

US Chamber of Commerce amicus brief, July 13, 2018

Restaurant Law Center amicus brief, July 13, 2018

Appellant's reply brief, July 27, 2018


Order, Franciscan Alliance v. Burwell, No. 7:16-cv-108 (N.D. Tex., December 31, 2016)



TRO, Washington v. Trump, No. 2:17-cv-141 (W.D. Wash, February 3, 2017)


Emergency motion for stay, Washington v. Trump, No. 17-35105 (9th Cir., filed February 4, 2017)

Order denying TRO, Louhghalam v. Trump, No. 1:17-cv-10154 (D. Mass., February 3, 2017) [does not get to nationwide issue]


Washington op to emergency motion, No. 17-35105 (9th Cir., filed February 6, 2017)


Reply supporting emergency motion for stay, Washington v. Trump, No. 17-35105 (9th Cir., filed February 6, 2017)


Order denying emergency stay, Washington v. Trump, No. 17-35105 (9th Cir., February 9, 2017)


Order granting TRO, State of Hawaii v. Trump, No. 1:17-cv-50 (D. Hawaii, March 15, 2017)



TRO, Northwest Immigrant Rights Project v. Sessions, No. 2:17-cv-716 (W.D. Wash., May 17, 2017)


Opinion, Int'l Refugee Assistance Project v. Trump, No. 17-1351 (4th Cir., May 25, 2017)


Application for stay and petition for cert, Trump v. IRAP (4th Cir.), June 1, 2017



Application for stay from Trump v. State of Hawaii (9th Cir.), June 1, 2017


Opinion, Hawaii v. Trump, No. 17-15589 (9th Cir.), June 12, 2017


City of Chicago v. Sessions, No. 1:17-cv-5720 (N.D. Ill.), Sept. 15, 2017

Order denying stay of nationwide application pending appeal, Oct. 13, 2017

City of Chicago v. Sessions, No. 17-1991 (7th Cir., April 19, 2018)


County of Santa Clara v. Trump, No. 3:17-cv-574 (N.D. Cal.), Nov. 20, 2017




Regents v. Trump, No. 3:17-cv-5813 (N.D. Cal.), Jan. 9, 2018


City of Los Angeles v. Sessions, No. 2:17-cv-7215 (C.D. Cal.), April 12, 2018


NAACP/Trustees of Princeton v. Trump/US, Nos. 1:17-cv-1907 and 1:17-cv-2325 (D. D.C.), April 24, 2018


City of Philadelphia v. Sessions, No. 2:17-cv-3894 (E.D. Pa.), June 6, 2018



County of Santa Clara v. Trump, NO. 17-17478 (9th Cir.), Aug. 1, 2018