REAL ALTERNATIVES v. SECRETARY OF DEPT. OF HHS

No. 16-1275.

867 F.3d 338 (2017)

REAL ALTERNATIVES, INC.; Kevin I. Bagatta, Esq.; Thomas A. Lang, Esq.; Clifford W. McKeown, Appellants v. SECRETARY 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 Treasury.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 4, 2017.


Attorney(s) appearing for the Case

Matthew S. Bowman (Argued), David A. Cortman , Alliance Defending Freedom, 440 First Street, NW, Suite 600, Washington, DC 20001, Counsel for Appellants Real Alternatives, Inc.; Kevin I. Bagatta, Esq.; Thomas A. Lang, Esq.; Clifford W. McKeown.

Kevin H. Theriot , Elissa M. Graves , Alliance Defending Freedom, 15100 N. 90th Street, Scottsdale, AZ 85260, Randy Wenger , Independence Law Center, 23 North Front Street, Harrisburg, PA 17101, Counsel for Appellants Real Alternatives, Inc.; Kevin I. Bagatta, Esq.; Thomas A. Lang, Esq.; Clifford W. McKeown.

Benjamin C. Mizer , Peter J. Smith , Mark B. Stern , Alisa B. Klein , Patrick G. Nemeroff , Megan Barbero , Joshua M. Salzman (Argued), United States Department of Justice, Civil Division, 950 Pennsylvania Avenue, NW, Washington, DC 20530, Counsel for Appellees Secretary 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 Treasury.

Richard B. Katskee , Natacha Y. Lam , Americans United for Separation of Church and State, 1901 L Street, NW, Suite 400, Washington, DC 20036, Seth M. Marnin , David L. Barkey , Anti-Defamation League, 605 Third Avenue, New York, NY 10158, Counsel for Amici Curiae Americans United for Separation of Church and State; Anti-Defamation League; Central Conference of American Rabbis; Hadassah, The Women's Zionist Organization of America, Inc.; National Council of Jewish Women; People for the American Way Foundation; Union for Reform Judaism; Women of Reform Judaism.

Before: JORDAN, GREENAWAY, JR., and RENDELL, Circuit Judges.


OPINION

One of the many provisions of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), requires employer-provided health insurance plans to cover an array of preventative services, including FDA-approved contraceptives, at no cost to participating employees. Employees have...

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