CATHOLIC HEALTH CARE SYSTEM v. BURWELL

Docket No. 14-427-cv.

796 F.3d 207 (2015)

CATHOLIC HEALTH CARE SYSTEM, Catholic Health Services of Long Island, Cardinal Spellman High School, Monsignor Farrell High School, Plaintiffs-Appellees, v. Sylvia Mathews BURWELL, in her official capacity as Secretary of the United States Department of Health and Human Services, United States Department of Health and Human Services, Thomas Perez, in his official capacity as Secretary of the United States Department of Labor, United States Department of Labor, Jacob L. Lew, in his official capacity as Secretary of the United States Department of Treasury, United States Department of Treasury, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 7, 2015.


Attorney(s) appearing for the Case

Megan Barbero , Attorney, Appellate Staff, United States Department of Justice ( Stuart F. Delery , Assistant Attorney General, Beth S. Brinkmann , Deputy Assistant Attorney General, Mark B. Stern , Alisa B. Klein , Adam C. Jed , Patrick G. Nemeroff , Attorneys, Appellate Staff, Kelly T. Currie , Acting United States Attorney for the Eastern District of New York, on the brief), Washington, DC, for Defendants-Appellants.

Todd R. Geremia ( Charles M. Carberry , Toni-Ann Citera , Patrick J. Smith , Julie R. Gorla , on the brief), Jones Day, New York, N.Y., for Plaintiffs-Appellees.

Mailee R. Smith , Americans United for Life, Washington DC, for Amici Curiae Association of American Physicians and Surgeons, et al.

Ayesha N. Khan , Americans United for Separation of Church and State, Washington, DC, for Amici Curiae Americans United for Separation of Church and State, et al.

Charles E. Davidow , Paul, Weiss, Rifkind, Wharton & Garrison LLP ( Andrée J. Goldsmith , Karin Dryhurst , Paul, Weiss, Rifkind, Wharton & Garrison LLP; Marcia D. Greenberger , Judith G. Waxman , Emily J. Martin , Gretchen Borchelt , Leila Abolfazli , National Women's Law Center, on the brief), Washington, DC, for Amici Curiae National Women's Law Center, et al.

Martha Jane Perkins ( Dipti Singh , on the brief), National Health Law Program, Carrboro, NC, for Amici Curiae National Health Law Program, et al.

Before: LEVAL, POOLER, and CHIN, Circuit Judges.


Defendants-Appellants, the Secretaries of Health and Human Services, Labor, and the Treasury, appeal from the December 16, 2013 order of the United States District Court for the Eastern District of New York (Cogan, J.) which, in relevant part, granted Plaintiffs-Appellees'...

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