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PRIESTS FOR LIFE v. DEPT. OF HEALTH & HUMAN SERV'S

Nos. 13-5368, 13-5371, 14-5021.

772 F.3d 229 (2014)

PRIESTS FOR LIFE, et al., Appellants v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 2014.

Attorney(s) appearing for the Case

Robert J. Muise argued the cause for appellants/cross-appellees Priests For Life, et al. Noel J. Francisco argued the cause for appellants/cross-appellees Roman Catholic Archbishop of Washington, et al. With them on the brief's were Eric Dreiband and David Yerushalmi.

Kimberlee Wood Colby was on the brief for amici curiae The Association of Gospel Rescue Missions, et al. in support of cross-appellants/cross-appellees.

Mark B. Stern , Attorney, U.S. Department of Justice, argued the cause for appellees/cross-appellants. With him on the brief were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, Beth S. Brinkmann , Deputy Assistant Attorney General, and Alisa B. Klein and Adam C. Jed , Attorneys.

Martha Jane Perkins was on the brief for amici curiae National Health Law Program, et al. in support of appellees/cross-appellants.

Marcia D. Greenberger and Charles E. Davidow were on the brief for amici curiae The National Women's Law Center, et al. in support of appellees/cross-appellants.

Ayesha N. Khan was on the brief for amici curiae Americans United for Separation of Church and State, et al. in support of appellees/cross-appellants.

Opinion for the Court filed by Circuit Judge PILLARD.

PILLARD, Circuit Judge:

These consolidated cases present the question whether a regulatory accommodation for religious nonprofit organizations that permits them to opt out of the contraceptive coverage requirement under the Patient Protection and Affordable Care Act ("ACA"), 42 U.S.C. § 300gg-13(a)(4), itself imposes an unjustified substantial burden on Plaintiffs' religious exercise in violation of the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. &...

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