AUTOCAM CORP. v. SEBELIUS

No. 12-2673.

730 F.3d 618 (2013)

AUTOCAM CORPORATION; Autocam Medical, LLC; John Kennedy; Paul Kennedy; John Kennedy IV; Margaret Kennedy; Thomas Kennedy, Plaintiffs-Appellants, v. Kathleen SEBELIUS, in her official capacity as Secretary of Health and Human Services; United States Department of Health and Human Services; Thomas E. Perez, in his official capacity as Secretary of Labor; United States Department of Labor; Jacob Lew, in his official capacity as Secretary of the Treasury; United States Department of the Treasury, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 17, 2013.


Attorney(s) appearing for the Case

ARGUED: Patrick T. Gillen , Fidelis Center for Law and Policy, Naples, Florida, for Appellants. Alisa B. Klein , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Patrick T. Gillen , Fidelis Center for Law and Policy, Naples, Florida, Jason C. Miller , Miller Johnson, Grand Rapids, Michigan, for Appellants. Alisa B. Klein , Mark B. Stern , United States Department of Justice, Washington, D.C., for Appellees. Jay Alan Sekulow , American Center for Law & Justice, Washington, D.C., Deborah J. Dewart , Liberty, Life and Law Foundation, Swansboro, North Carolina, Edward L. Metzger III , Adams, Stepner, Woltermann & Dusing, PLLC, Covington, Kentucky, Catherine W. Short , Life Legal Defense Foundation, Ojai, California, Nikolas T. Nikas , Dorinda C. Bordlee , Bioethics Defense Fund, Scottsdale, Arizona, Mailee R. Smith , Americans United for Life, Washington, D.C., B. Eric Restuccia , Office of the Michigan Attorney General, Lansing, Michigan, Frederick D. Nelson , Office of the Ohio Attorney General, Columbus, Ohio, Kimberlee Wood Colby , Center for Law and Religious Freedom Christian Legal Society, Springfield, Virginia, Noel J. Francisco , Jones Day, Washington, D.C., Robb S. Krueger , Kreis, Enderle, Hudgins & Borsos, P.C., Kalamazoo, Michigan, Lisa S. Blatt , Arnold & Porter LLP, Washington, D.C., Bruce H. Schneider , Stroock & Stroock & Lavan LLP, New York, New York, Martha Jane Perkins , National Health Law Program, Carrboro, North Carolina, Charles E. Davidow , Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, D.C., Brigitte Amiri , American Civil Liberties Union Foundation, New York, New York, Daniel Mach , American Civil Liberties Union Foundation, Washington, D.C., Michael J. Steinberg , Miriam Aukerman , American Civil Liberties Union Fund of Michigan, Detroit, Michigan, Ayesha N. Khan , Gregory Lipper , Caitlin E. O'Connell , American United for Separation of Church and State, Washington, D.C., for Amici Curiae.

Before: GIBBONS and STRANCH, Circuit Judges; HOOD, District Judge.


OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Autocam Corporation and Autocam Medical, LLC (collectively, "Autocam") are for-profit, secular corporations engaged in high-volume manufacturing for the automotive and medical industries. The companies are owned and controlled by members of the Kennedy family, all of whom are practicing Roman Catholics. Pursuant to regulations implementing the Patient Protection...

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