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March for Life et al v. Burwell et al

MOTION to Dismiss or, in the alternative,, MOTION for Summary Judgment

120 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,922 times   67 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,057 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,829 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  5. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,205 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  6. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,688 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

  7. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,929 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  8. Cutter v. Wilkinson

    544 U.S. 709 (2005)   Cited 2,144 times   5 Legal Analyses
    Holding that section 3 of the RULPA, which increased level of protection of prisoners' and other incarcerated persons' religious rights, did not violate the Establishment Clause

  9. Barnhart v. Walton

    535 U.S. 212 (2002)   Cited 2,170 times   1 Legal Analyses
    Holding that the “‘ 12 month' duration requirements apply to both the ‘impairment' and the ‘inability' to work requirements”

  10. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,348 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1003 - Coverage

    29 U.S.C. § 1003   Cited 1,622 times   8 Legal Analyses
    Defining employee benefit plan governed by ERISA

  14. 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

  15. Section 2000e-1 - Exemption

    42 U.S.C. § 2000e-1   Cited 658 times   20 Legal Analyses
    Exempting religious employers from Title VII's prohibition against religious discrimination in hiring

  16. Section 300 - Project grants and contracts for family planning services

    42 U.S.C. § 300   Cited 202 times   8 Legal Analyses
    Directing the EPA to specify criteria under which filtration is required as a treatment technique

  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 512 - Unrelated business taxable income

    26 U.S.C. § 512   Cited 160 times   30 Legal Analyses
    Defining "exempt function income" as income which is "set aside . . . for the payment of life, sick, accident, or other benefits"

  19. Section 6033 - Returns by exempt organizations

    26 U.S.C. § 6033   Cited 113 times   7 Legal Analyses

    (a) Organizations required to file (1) In general Except as provided in paragraph (3), every organization exempt from taxation under section 501(a) shall file an annual return, stating specifically the items of gross income, receipts, and disbursements, and such other information for the purpose of carrying out the internal revenue laws as the Secretary may by forms or regulations prescribe, and shall keep such records, render under oath such statements, make such other returns, and comply with such

  20. Section 3309 - State law coverage of services performed for nonprofit organizations or governmental entities

    26 U.S.C. § 3309   Cited 94 times
    Exempting from mandatory State coverage services performed for certain employers or by certain individuals

  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

  23. Section 2590.715-2713A - Accommodations in connection with coverage of preventive health services

    29 C.F.R. § 2590.715-2713A   Cited 46 times   2 Legal Analyses
    Requiring coverage in accordance with § 2590.715–2713

  24. Section 2590.715-2713 - Coverage of preventive health services

    29 C.F.R. § 2590.715-2713   Cited 41 times   1 Legal Analyses

    (a)Services - (1)In general. Beginning at the time described in paragraph (b) of this section and subject to § 2590.715-2713A , a group health plan, or a health insurance issuer offering group health insurance coverage, must provide coverage for and must not impose any cost-sharing requirements (such as a copayment, coinsurance, or a deductible) for- (i) Evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services

  25. Section 147.140 - Preservation of right to maintain existing coverage

    45 C.F.R. § 147.140   Cited 40 times
    Requiring grandfathered plans to provide virtually the same benefits for the same percentage cost sharing that the plan had in effect on March 2010

  26. Section 54.9815-2713 - Coverage of preventive health services

    26 C.F.R. § 54.9815-2713   Cited 26 times   2 Legal Analyses

    (a)Services - (1)In general. Beginning at the time described in paragraph (b) of this section and subject to § 54.9815-2713A , a group health plan, or a health insurance issuer offering group health insurance coverage, must provide coverage for and must not impose any cost-sharing requirements (such as a copayment, coinsurance, or a deductible) for- (i) Evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task

  27. Section 46.202 - Definitions

    45 C.F.R. § 46.202   Cited 5 times

    The definitions in § 46.102 shall be applicable to this subpart as well. In addition, as used in this subpart: (a) Dead fetus means a fetus that exhibits neither heartbeat, spontaneous respiratory activity, spontaneous movement of voluntary muscles, nor pulsation of the umbilical cord. (b) Delivery means complete separation of the fetus from the woman by expulsion or extraction or any other means. (c) Fetus means the product of conception from implantation until delivery. (d) Neonate means a newborn