O'BRIEN v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 12-3357.

766 F.3d 862 (2014)

Frank R. O'BRIEN, Jr.; O'Brien Industrial Holdings, LLC, Plaintiffs-Appellants v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; Sylvia Mathews Burwell, in her official capacity as the Secretary of the United States Department of Health and Human Services; United States Department of the Treasury; Jacob J. Lew, in his official capacity as the Secretary of the United States Department of the Treasury; United States Department of Labor; Thomas E. Perez, in his official capacity as Secretary of the United States Department of Labor, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 8, 2014.


Attorney(s) appearing for the Case

Catholic Medical Association; Christian Medical Association; Liberty, Life, and Law Foundation; Archdiocese of St. Louis; Ethics and Religious Liberty Commission of the Southern Baptist Convention; Women Speak for Themselves; Bioethics Defense Fund; Life Legal Defense Foundation; Association of American Physicians & Surgeons; National Catholic Bioethics Center; Institutional Religious Freedom Alliance; American Association of Pro-life Obstetricians & Gynecologists; Physicians for Life; National Association of Pro Life Nurses; Association of Gospel Rescue Missions; Prison Fellowship Ministries; Association of Christian Schools International; National Association of Evangelicals; Patrick Henry College; Christian Legal Society; David M. Wagner ; Bradley P. Jacob ; Charles E. Rice ; Common Good Foundation; Catholic Online, LLC; Common Good Alliance; Council for Christian Colleges & Universities, Amici on Behalf of Appellants.

National Health Law Program; Americans United For Separation of Church and State; The Center for Reproductive Rights; American Public Health Association; Guttmacher Institute; National Family Planning & Reproductive Health Association; National Latina Institute for Reproductive Health; National Women's Health Network; Physicians For Reproductive Choice and Health; Professor James Trussell ; Professor R. Alta Charo ; Professor Susan F. Wood ; Reproductive Health Technologies Project; American Civil Liberties Union; American Civil Liberties Union of Eastern Missouri; Anti-Defamation League; Interfaith Alliance Foundation; Unitarian Universalist Association; Unitarian Universalist Women's Federation; National Council of Jewish Women; Religious Coalition for Reproductive Choice; Union for Reform Judaism; Hadassah, the Women's Zionist Organization of America, Inc.; Central Conference of American Rabbis; Women of Reform Judaism; National Women's Law Center, Amici on Behalf of Appellees.

Before RILEY, Chief Judge, COLLOTON and KELLY, Circuit Judges.


[Published]

PER CURIAM.

In light of Burwell v. Hobby Lobby Stores, Inc., 573 U.S. ___, ___, 134 S.Ct. 2751, 2785, 189 L.Ed.2d 675 (2014), the appellants' complaint submits a facially plausible claim for relief under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1(a) to (c). See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009...

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