EDEN FOODS, INC. v. SEBELIUS

No. 13-1677.

733 F.3d 626 (2013)

EDEN FOODS, INC. and Michael Potter, Chairman, President and Sole Shareholder of Eden Foods, Inc., Plaintiffs-Appellants, v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services; Thomas E. Perez, Secretary, United States Department of Labor; Jack Lew, Secretary, United States Department of the Treasury, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 24, 2013.


Attorney(s) appearing for the Case

ON BRIEF: Erin Elizabeth Mersino , Thomas More Law Center, Ann Arbor, Michigan, for Appellants. Mark B. Stern , Alisa B. Klein , United States Department of Justice, Washington, D.C., for Appellees. Mailee R. Smith , Americans United for Life, Washington, D.C., Kimberlee Wood Colby , Center for Law and Religious Freedom Christian Legal Society, Springfield, Virginia, Deborah J. Dewart , Liberty, Life, and Law Foundation, Swansboro, North Carolina, Thomas W. Ude, Jr. , Lambda Legal and Defense and Education Fund, Inc., New York, New York, Camilla B. Taylor , Lambda Legal Defense and Education Fund, Inc., Chicago, Illinois, Jennifer C. Pizer , Lambda Legal Defense and Education Fund, Inc., Los Angeles, California, Charles E. Davidow , Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, D.C., Bruce H. Schneider , Stroock & Stroock & Lavan LLP, New York, New York, Daniel Mach , American Civil Liberties Union Foundation, Washington, D.C., Ayesha N. Khan , Gregory M. Lipper , Caitlin E. O'Connell , Americans United for Separation Of Church and State, Washington, D.C., Jessica Ellsworth , Hogan Lovells U.S. LLP, Washington, D.C., for Amici Curiae.

Before: DAUGHTREY, COLE, and WHITE, Circuit Judges.


OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

To comply with the Patient Protection and Affordable Care Act, Pub.L, No. 111-148, 124 Stat. 119 (2010), and the Health Care and Education Reconciliation Act of 2010, Pub.L. No. 111-152, 124 Stat. 1029 (2010), collectively known as the Affordable Care Act (the Act), most businesses employing 50 or more individuals must provide female employees with health-insurance coverage that includes, at no cost to the employee...

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