Judge Stays Case Over Trump's Birth Control Coverage Rules Pending Appeal
A federal judge has granted the federal government's request for a stay of proceedings pending its appeal of an injunction against the Trump administration's order easing the contraceptive coverage mandate under the Affordable Care Act.
February 09, 2018 at 04:34 PM
3 minute read
A federal judge has granted the federal government's request for a stay of proceedings pending its appeal of an injunction against the Trump administration's order easing the contraceptive coverage mandate under the Affordable Care Act.
In December, U.S. District Judge Wendy Beetlestone of the Eastern District of Pennsylvania halted the so-called “moral exemption rule” and the religious exemption rule, which allow employers to opt out of offering no-cost contraceptive coverage based on sincerely-held religious beliefs or moral convictions. She granted the government's request for a stay Feb. 9.
The federal government argued the rules are intended to permit a small number of religious objectors to opt out of covering birth control because the requirement would impose a substantial burden on their religious practices. But the state of Pennsylvania argued the exemptions would allow almost any employer to withhold insurance coverage for contraceptives, impacting millions of Americans.
The case, filed by Pennsylvania Attorney General Josh Shapiro, was supported by a coalition of 19 state attorneys general.
Massachusetts Attorney General Maura Healey, who was part of the coalition, in announcing Beetlestone's Dec. 15 ruling tweeted that, “Our brief was crystal clear: in attacking women's access to basic health care, @POTUS violated the Equal Protection Clause and Establishment Clauses.”
In their Feb. 8 motion, the federal defendants said a stay would not affect the injunction already in place and noted that they would file status reports as the case is litigated before the U.S. Court of Appeals for the Third Circuit.
“The appellate proceedings are relevant to, and could have a dispositive effect, on the district court litigation. For example, defendants have argued that a preliminary injunction is inappropriate because the court lacks jurisdiction to entertain this suit,” said the government's motion for a stay pending appeal. “If the appellate court agrees, then any further proceedings in this court will be unnecessary—and unwarranted.”
“Moreover, the Third Circuit's views of plaintiff's likelihood of success on the merits could affect the court's view of defendants' pending motion to dismiss and, if one becomes necessary, its summary judgment motion,” it continued. “Waiting for the court of appeals to weigh in before deciding these motions, then, could obviate the need for the Third Circuit to remand the case to this court for additional proceedings if the appellate court views the case differently than this court. A stay would, in short, protect the court and the parties from unnecessarily, or imprudently, expending time or resources on this case. Plaintiff does not oppose this request.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllJefferson Doctor Hit With $6.8M Verdict Over Death of 64-Year-Old Cancer Patient
3 minute readEx-Schnader Partner Nears Settlement in Misappropriated Comp Class Action
3 minute readUS Law Firm Leasing Up Nearly 30% Through Q3, With a Growing Number of Firms Staying in Place
3 minute readTrending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250