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March for Life et al v. Burwell et al

MOTION for Preliminary Injunction and consolidated trial on the merits under FRCP 65

48 Cited authorities

  1. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 9,750 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class

  2. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,976 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  3. City of Boerne v. Flores

    521 U.S. 507 (1997)   Cited 1,803 times   21 Legal Analyses
    Holding that RFRA is unconstitutional in so far as it permits suits against state actors

  4. Employment Div. v. Smith

    494 U.S. 872 (1990)   Cited 2,260 times   36 Legal Analyses
    Holding that the limitation articulated in Sherbert v. Verner, 374 U.S. 398-i.e., that governmental actions that substantially burden a religious practice must be justified by a compelling governmental interest-does not apply to neutral, generally applicable laws

  5. Burwell v. Hobby Lobby Stores, Inc.

    573 U.S. 682 (2014)   Cited 737 times   50 Legal Analyses
    Holding that the choice between providing insurance coverage in accordance with the plaintiffs’ religious beliefs or paying a large fine was a substantial burden

  6. Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah

    508 U.S. 520 (1993)   Cited 1,549 times   14 Legal Analyses
    Holding that statements by city council, including asking: "[w]hat can we do to prevent the Church from opening?" to show animus

  7. Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal

    546 U.S. 418 (2006)   Cited 784 times   7 Legal Analyses
    Holding that the "burdens at the preliminary injunction stage track the burdens at trial"

  8. Wisconsin v. Yoder

    406 U.S. 205 (1972)   Cited 2,650 times   7 Legal Analyses
    Holding that Wisconsin could not compel school attendance beyond the eighth grade because doing so would "grave[ly] interfere[] with important Amish religious tenets" and "the traditional interest of parents with respect to the religious upbringing of their children"

  9. Thomas v. Review Bd. of the Ind. Emp't Sec. Div.

    450 U.S. 707 (1981)   Cited 1,648 times   5 Legal Analyses
    Holding that "it is not within the judicial function and judicial competence to inquire whether the petitioner or [another member of his faith] more correctly perceived the commands of their common faith," because "[c]ourts are not arbiters of scriptural interpretation"

  10. Sherbert v. Verner

    374 U.S. 398 (1963)   Cited 2,064 times   9 Legal Analyses
    Holding that governmental regulation that imposes a burden upon religious practice must be narrowly tailored to advance a compelling state interest

  11. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,433 times   143 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,351 times   171 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,553 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  14. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,507 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  15. Section 2000bb-1 - Free exercise of religion protected

    42 U.S.C. § 2000bb-1   Cited 1,124 times   27 Legal Analyses
    Providing for "appropriate relief" in judicial suit

  16. Section 2000bb-2 - Definitions

    42 U.S.C. § 2000bb-2   Cited 213 times   2 Legal Analyses
    Cross-referencing § 2000cc–5

  17. Section 300gg-13 - Coverage of preventive health services

    42 U.S.C. § 300gg-13   Cited 171 times   10 Legal Analyses
    Requiring "evidence-informed preventive care and screenings"

  18. Section 4980D - Failure to meet certain group health plan requirements

    26 U.S.C. § 4980D   Cited 73 times   7 Legal Analyses
    Excluding church plans from certain minimum excise taxes imposed on health plans

  19. Section 300a-7 - Sterilization or abortion

    42 U.S.C. § 300a-7   Cited 54 times   8 Legal Analyses
    Prohibiting discrimination against abortion providers in the decision whether the grant admitting privileges

  20. Section 18011 - Preservation of right to maintain existing coverage

    42 U.S.C. § 18011   Cited 48 times
    Exempting pre-ACA "grandfathered plans"

  21. Section 147.130 - Coverage of preventive health services

    45 C.F.R. § 147.130   Cited 93 times   4 Legal Analyses
    Applying the mandate not only to group health plans, but also to "health insurance issuer"

  22. Section 147.131 - Accommodations in connection with coverage of certain preventive health services

    45 C.F.R. § 147.131   Cited 73 times   9 Legal Analyses
    Prohibiting third parties from directly or indirectly charging objecting organizations for the cost of contraceptive coverage and obligating the third parties to pay for the contraceptive care