Friday, August 30, 2013

Non-Profits Continue To Refile Challenges To Contraceptive Coverage Mandate

Religious non-profits whose challenges to the Affordable Care Act contraceptive coverage mandate were dismissed on ripeness grounds before the final rules were promulgated continue to refile challenges attacking the final version of the rules on religious liberty grounds. Yesterday, Ave Maria University filed a new lawsuit.  The 16-count complaint (full text) in Ave Maria University v. Sebelius, (MD FL, filed 8/29/2013) challenges the mandate as violating the 1st and 14th Amendments, RFRA and the Administrative Procedure Act.  The Ft. Myers, Florida News-Press reports on the filing.

Meanwhile, earlier this month several Washington, DC Catholic schools and charities, along with the Washington Archdiocese filed a motion asking the D.C. Circuit Court of Appeals-- in the pending appeal of their earlier challenge-- to issue a preliminary injunction and remand the case to the district court for further proceedings on the merits.  The motion and supporting memorandum (full text) in Roman Catholic Archbishop of Washington v. Sebelius, DC Cir., filed 8/12/2013) is available online via Becket Fund' comprehensive HHS Information Central webpage.