GENEVA COLLEGE v. HEALTH & HUMAN SERV'S SECRETARY

Nos. 13-3536, 14-1374, 14-1376, 14-1377.

778 F.3d 422 (2015)

GENEVA COLLEGE; Wayne Hepler; the Seneca Hardwood Lumber Company, Inc., a Pennsylvania Corporation; WLH Enterprises, a Pennsylvania Sole Proprietorship of Wayne L. Hepler; Carrie E. Kolesar v. SECRETARY UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Secretary United States Department of Labor; Secretary United States Department of the Treasury; United States Department of Health and Human Services; United States Department of Labor; United States Department of the Treasury, Appellants in case no. 13-3536. Geneva College; Wayne L. Hepler, in his personal capacity and as owner and operator of the sole proprietorship WLH Enterprises; The Seneca Hardwood Lumber Company, Inc., a Pennsylvania Corporation; Carrie E. Kolesar v. Secretary United States Department of Health and Human Services; Secretary United States Department of Labor; Secretary United States Department of the Treasury; United States Department of Health and Human Services; United States Department of Labor; United States Department of the Treasury, Appellants in case no. 14-1374. Most Reverend Lawrence T. Persico, Bishop of the Roman Catholic Diocese of Erie, as Trustee of the Roman Catholic Diocese of Erie, a Charitable Trust; the Roman Catholic Diocese of Erie; St. Martin Center, Inc., an Affiliate Nonprofit Corporation of Catholic Charities of the Diocese of Erie; Prince of Peace Center, Inc., an Affiliate Nonprofit Corporation of Catholic Charities of the Diocese of Erie; Erie Catholic Preparatory School, an Affiliate Nonprofit Corporation of the Roman Catholic Diocese of Erie v. Secretary of United States Department of Health and Human Services; Secretary of United States Department of Labor; Secretary of United States Department of the Treasury; United States Department of Health and Human Services; United States Department of Labor; United States Department of the Treasury, Appellants in case no. 14-1376. Most Reverend David A. Zubik, Bishop of the Roman Catholic Diocese of Pittsburgh, as Trustee of the Roman Catholic Diocese of Pittsburgh, a Charitable Trust; the Roman Catholic Diocese of Pittsburgh, as the Beneficial Owner of the Pittsburgh series of The Catholic Benefits Trust; Catholic Charities of the Diocese of Pittsburgh, Inc., an affiliate nonprofit corporation of The Roman Catholic Diocese of Pittsburgh v. Secretary of United States Department of Health and Human Services; Secretary of United States Department of Labor; Secretary of United States Department of the Treasury; United States Department of Health and Human Services; United States Department of Labor; United States Department of the Treasury, Appellants in case no. 14-1377.

United States Court of Appeals, Third Circuit.

Opinion filed: February 11, 2015.


Attorney(s) appearing for the Case

Stuart F. Delery, Esquire , David J. Hickton, Esquire , Beth S. Brinkmann, Esquire , Mark B. Stern, Esquire , (Argued), Bradley P. Humphreys, Esquire , Adam C. Jed, Esquire , Alisa B. Klein, Esquire , Patrick Nemeroff, Esquire , United States Department of Justice, Eric R. Womack, Esquire , Washington, DC, Michael A. Comber, Esquire , Office of United States Attorney, Pittsburgh, PA, for Appellants Secretary United States Department of Health and Human Services; Secretary United States Department of Labor; Secretary United States Department of Treasury; United States Department of Health and Human Services; United States Department of Labor; United States Department of the Treasury.

Steven H. Aden, Esquire , Gregory S. Baylor, Esquire , (Argued), Matthew S. Bowman, Esquire , Washington, DC, Erik W. Stanley, Esquire , Scottsdale, AZ, Kevin H. Theriot, Esquire , Leawood, KS, David A. Cortman, Esquire , Lawrenceville, GA, David J. Mongillo, Esquire , Bradley S. Tupi, Esquire , Pittsburgh, PA, for Appellees Geneva College; Seneca Hardwood Lumber Company, Inc.; Carrie E. Kolesar; Wayne Hepler.

Paul M. Pohl, Esquire , (Argued), John D. Goetz, Esquire , Leon F. DeJulius, Jr., Esquire , Ira M. Karoll, Esquire , Alison M. Kilmartin, Esquire , Mary Pat Stahler, Esquire , Jones Day, Pittsburgh, PA, for Appellees Most Reverend Lawrence T. Persico, Bishop of the Roman Catholic Diocese of Erie, as Trustee of the Roman Catholic Diocese Of Erie, a Charitable Trust; The Roman Catholic Diocese of Erie; ST. Martin Center, Inc., an affiliate Nonprofit Corporation of Catholic Charities of the Diocese of Erie; Prince of Peace Center, Inc., an Affiliate Nonprofit Corporation Of Catholic Preparatory School, an Affiliate Nonprofit Corporation Of The Roman Catholic Diocese of Erie; Most Reverend David A. Zubik, Bishop of the Roman Catholic Diocese of Pittsburgh, as Trustee of the Roman Catholic Diocese of Pittsburgh, a Charitable Trust, Roman Catholic Diocese of Pittsburgh, Catholic Charities Diocese Of Pittsburgh.

Deborah J. Dewart, Esquire , Swansboro, NC, for Amicus Liberty, Life and Law Foundation.

Witold J. Walczak, Esquire , Sara J. Rose, Esquire , Brigitte Amiri, Esquire , Jennifer Lee, Esquire , New York, NY, Daniel Mach, Esquire , American Civil Liberties Union Foundation, Washington, DC, for Amicus Julian Bond, The American Civil Liberties Union and the American Civil Liberties Union of Pennsylvania.

Charles E. Davidow, Esquire , Andree J. Goldsmith, Esquire , Karin Dryhurst, Esquire , Paul, Weiss, Rifkind, Wharton & Garrison, Marcia D. Greenberger, Esquire , Judith G. Waxman, Esquire , Emily J. Martin, Esquire , Gretchen Borchelt, Esquire , Leila Abolfazli, Esquire , Washington, DC, for Amicus National Women's Law Center and Twenty Other National, State and Local Organizations.

Ayesha N. Khan, Esquire , Washington, DC, for Amicus American United for Separation of Church and State.

Sarah Somers, Esquire , Martha Jane Perkins, Esquire , Dipti Singh, Esquire , Carrboro, NC, for National Health Law Program, American Public Health Association, National Family Planning & Reproductive Health Association, National Women's Health Network, National Latina Institute For Reproductive Health, National Asian Pacific American Women's Forum, Asian Americans Advancing Justice, AAJC, Asian Americans Advancing Justice, Los Angeles, Asian & Pacific Islander American Health Forum, National Hispanic Medical Association, Forward Together, IPAS, Sexuality Information and Education Council of the U.S. (Siecus), HIV Law Project, and California Women's Law Center as Amici Curiae.

Kimberlee Wood Colby, Esquire , Springfield, VA, for The Association of Gospel Rescue Missions, Prison Fellowship Ministries, Association of Christian Schools International, National Association of Evangelicals, Ethics & Religious Liberty Commission of the Southern Baptist Convention, American Bible Society, The Lutheran Church-Missouri Synod, Institutional Religious Freedom Alliance, and Christian Legal Society in Support of Appellees and Urging Affirmance.

Before: McKEE, Chief Judge, RENDELL, SLOVITER, Circuit Judges.


OPINION

The appellees in these consolidated appeals challenge the preventive services requirements of the Patient Protection and Affordable Care Act ("ACA"), Pub.L. No. 111-148, 124 Stat. 119 (2010), under the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. §...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases