DORDT COLLEGE v. BURWELL

No. 14-2726.

801 F.3d 946 (2015)

DORDT COLLEGE; Cornerstone University, Plaintiffs-Appellees v. Sylvia M. BURWELL, in her official capacity as Secretary of the United States Department of Health and Human Services; Thomas Perez, in his official capacity as Secretary of the United States Department of Labor; Jack Lew, in his official capacity as Secretary of the 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, Defendants-Appellants Americans United For Separation of Church and State; American Civil Liberties Union; American Civil Liberties Union of Iowa, Amici on Behalf of Appellant(s) Association of American Physicians & Surgeons; American Association of Pro-Life Obstetricians & Gynecologists; Christian Medical Association; Catholic Medical Association; The National Catholic Bioethics Center; Alabama Physicians for Life; National Association of Pro Life Nurses; National Association of Catholic Nurses, 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 , Adam C. Jed , Megan Barbero , Joshua Marc Salzman , Washington, DC, on the brief), for Defendants-Appellants.

Ayesha N. Khan , Washington, D.C., for Amici on Behalf of Appellants.

Gregory Baylor , argued, Washington, DC, ( Kevin H. Theriot , Scottsdale, AZ., David Andrew Cortman , Lawrenceville, GA., Matthew S. Bowman , Washington, D.C., on the brief), for Plaintiffs-Appellees.

Mailee R. Smith , Washington, D.C., for Amici on Behalf of Appellees.

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.


The Departments of Health and Human Services (HHS), Labor (DOL), and Treasury, as well as their respective Secretaries, (collectively, the government) appeal from the district court's1 order granting a motion for a preliminary injunction that enjoins the government from enforcing certain provisions...

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