SHARPE HOLDINGS, INC. v. U.S. DHHS

No. 14-1507.

801 F.3d 927 (2015)

SHARPE HOLDINGS, INC. a Missouri Corporation; Rita Joanne Wilson, a Missouri resident; Judi Diane Schaefer, a Missouri resident; Charles N. Sharpe, a Missouri resident; CNS Corporation, a Missouri Corporation; Ozark National Life Insurance Company, a Missouri Corporation; N.I.S. Financial Services, Inc. a Missouri Corporation; CNS International Ministries, A Missouri Non-Profit Corporation; Heartland Christian College, A Missouri Non-Profit Corporation, Plaintiffs-Appellees v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Sylvia Mathews Burwell, in her official capacity as the Secretary of the United States Department of Health and Human Services; United States Department of the Treasury; United States Department of Labor; Jacob J. Lew, in his official capacity as the Secretary of the United States Department of the Treasury; Thomas E. Perez, in his official capacity as the Secretary of the United States Department of Labor, Defendants-Appellants. American Civil Liberties Union; American Civil Liberties Union of Missouri; Julian Bond; National Women's Law Center; American Association of University Women; American Federation of State, County and Municipal Employees; Black Women's Health Imperative; Feminist Majority Foundation; Ibis Reproductive Health; Legal Momentum; MergerWatch; NARAL Pro-Choice America; NARAL Pro-Choice Minnesota; NARAL Pro-Choice Missouri; NARAL Pro-Choice South Dakota; National Organization for Women Foundation; National Partnership for Women and Families; Planned Parenthood of the Heartland; Planned Parenthood of Kansas & Mid-Missouri; Planned Parenthood Minnesota, North Dakota, South Dakota; Planned Parenthood of the St. Louis Region and Southwest Missouri; Population Connection; Raising Women's Voices for the Health Care We Need; Service Employees' International Union; 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; Asian Americans Advancing Justice-Los Angeles; Asian & Pacific Islander American Health Forum; Forward Together; Ipas; Sexuality Information and Education Council of the U.S.; HIV Law Project; 30 for 30 Campaign; California Women's Law Center, Amici on Behalf of Appellant(s) Liberty, Life, and Law Foundation; Association of Gospel Rescue Missions; Prison Fellowship Ministries; Association of Christian Schools International; National Association of Evangelicals; Ethics and Religious Liberty Commission of the Southern Baptist Convention; American Bible Society; The Lutheran Church-Missouri Synod; Institutional Religious Freedom Alliance; Christian Legal Society, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2015.


Attorney(s) appearing for the Case

Patrick Nemeroff , argued, Washington, DC, ( Mark B. Stern , Alisa Beth Klein , Beth S. Brinkmann , Adam C. Jed , Joshua Marc Salzman , Washington, DC, on the brief), for Defendants-Appellants.

Timothy Belz , argued, Saint Louis, MO, ( J. Matthew Belz , Saint Louis, MO, on the brief), for Plaintiffs-Appellees.

Anthony E. Rothert , Grant R. Doty , Saint Louis, MO, Gillian Wilcox , Kansas City, MO, Jennifer Lee , Brigitte Amiri , New York, NY, Daniel Mach , Davidow, Andree J. Goldsmith , Karin Dryhurst , Marcia D. Greenberger , Judith G. Waxman , Emily Martin , Gretchen Borchelt , Leila Abolfazli , Washington, DC, Martha Jane Perkins , Dipti Singh , Carrboro, NC, on the brief, for Amici on Behalf of Appellant(s).

Deborah L. Dewart , Swansboro, NC, Kimberlee Wood Colby , Springfield, VA, for Amici on Behalf of Appellee(s).

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.


Contending that the district court2 abused its discretion, the Departments of Health and Human Services (HHS), Labor (DOL), and Treasury, as well as their respective Secretaries, (collectively, the government) appeal from the entry of a preliminary injunction enjoining the government from enforcing...

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