GILARDI v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 13-5069.

733 F.3d 1208 (2013)

Francis A. GILARDI, et al., Appellants v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 1, 2013.


Attorney(s) appearing for the Case

Francis J. Manion , pro hac vice, argued the cause for appellants. With him on the briefs were Colby M. May and Carly F. Gammill.

Kimberlee Wood Colby was on the brief for amici curiae Association of Gospel Rescue Missions, et al., in support of appellants.

Deborah J. Dewart was on the brief for amicus curiae Liberty, Life, and Law Foundation in support of appellants.

Dwight G. Duncan was on the brief for amici curiae 28 Catholic Theologians, et al. in support of appellants.

Lawrence J. Joseph was on the brief for amicus curiae Eagle Forum Education & Legal Defense Fund in support of appellants.

William Lee Saunders, Jr. was on the brief for amici curiae American Association of Pro-Life Obstetricians and Gynecologists, et al. in support of appellants.

Dorinda C. Bordlee was on the brief for amici curiae Abortion Breast Cancer Coalition, et al. in support of appellants.

Noel J. Francisco was on the brief for amicus curiae Archdiocese of Cincinnati in support of appellants.

Michael Dewine , Attorney General, Office of the Attorney General of the State of Ohio, and Jennifer L. Pratt , Assistant Attorney General, were on the brief for amicus curiae State of Ohio in support of appellants.

Michael F. Smith was on the brief for amicus curiae Life Legal Defense Foundation in support of appellants.

Alisa B. Klein , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the briefs were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, Beth S. Brinkmann , Deputy Assistant Attorney General, and Mark B. Stern , Attorneys.

Lisa S. Blatt , Robert J. Katerberg , Andrew S. Macurdy , and Julianna S. Gonen were on the brief for amici curiae Center for Reproductive Rights, et al. in support of appellees.

Charles E. Davidow and Marcia D. Greenberger were on the brief for amici curiae American Association of University Women, et al. in support of appellees.

Ayesha N. Khan , Gregory M. Lipper , and Daniel Mach were on the brief for amici curiae Americans United for Separation of Church and State, et al. in support of appellees.

Michelle A. Kisloff was on the brief for amici curiae Ovarian Cancer National Alliance, et al. in support of appellees.

Martha Jane Perkins was on the brief for amici curiae National Health Law Program, et al. in support of appellees.

Jennifer C. Pizer , Camilla B. Taylor , and Thomas W. Ude, Jr. were on the brief for amicus curiae Lambda Legal Defense and Education Fund, Inc. in support of appellees.

Bruce H. Schneider was on the brief for amici curiae Physicians for Reproductive Health, et al. in support of appellees.

Opinion concurring in part and dissenting in part filed by Senior Circuit Judge EDWARDS.


BROWN, Circuit Judge.

Two years after our decision Seven-Sky v. Holder, 661 F.3d 1 (D.C.Cir.2011), we are asked to revisit the behemoth known as the Affordable Care Act. This time, however, we are not confronted with a question of constitutional authority. Instead, we must determine whether the contraceptive mandate imposed by the Act trammels the right of free exercise — a...

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