NEW YORK v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

19 Civ. 4676 (PAE), 19 Civ. 5433 (PAE), 19 Civ. 5435 (PAE).

414 F.Supp.3d 475 (2019)

State of NEW YORK, City of New York, State of Colorado, State of Connecticut, State of Delaware, District of Columbia, State of Hawai`i, State of Illinois, State of Maryland, Commonwealth of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of Oregon, Commonwealth of Pennsylvania, State of Rhode Island, State of Vermont, Commonwealth of Virginia, State of Wisconsin, City of Chicago, and Cook County, Illinois, Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Alex M. Azar II, in His Official Capacity as Secretary of the United States Department of Health and Human Services; and the United States of America, Defendants, Dr. Regina Frost and Christian Medical and Dental Association, Defendant-Intervenors. Planned Parenthood Federation of America, Inc., and Planned Parenthood of Northern New England, Inc., Plaintiffs, v. Alex M. Azar II, in His Official Capacity as Secretary, United States Department of Health and Human Services; United States Department of Health and Human Services; Roger Severino, in His Official Capacity as Director, Office for Civil Rights, United States Department of Health and Human Services; and Office for Civil Rights, United States Department of Health and Human Services, Defendants. National Family Planning and Reproductive Health Association, and Public Health Solutions, Inc., Plaintiffs, v. Alex M. Azar, II, in His Official Capacity as Secretary of the U.S. Department of Health and Human Services; U.S. Department of Health and Human Services; Roger Severino, in His Official Capacity as Director of the Office for Civil Rights of the U.S. Department of Health and Human Services; and Office for Civil Rights of the U.S. Department of Health and Human Services, Defendants.

United States District Court, S.D. New York.

Signed November 6, 2019.

Editors Note
Applicable Law: 05 U.S.C. § 702
Cause: 05 U.S.C. § 702 Administrative Procedure Act
Nature of Suit: 899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Source: PACER


Attorney(s) appearing for the Case

Amanda Marie Meyer , Lisa M. Landau , Matthew Colangelo , Kathleen Konopka , New York State Office of The Attorney General, Justin Alexander Deabler , Spears & Imes LLP, Cynthia C. Weaver , New York City Law Department, Sarah Mac Dougall , David M. Zionts , Covington & Burling, Adam Grogg , U.S. House of Representatives, Hana Bajramovic , Planned Parenthood Federation of America, Alexa Rebecca Kolbi-Molinas , Brigitte Adrienne Amiri , Lindsey Kaley , American Civil Liberties Union, Christopher T. Dunn , Erin Beth Harrist , New York Civil Liberties Union, New York, NY, Otis Comorau , Astoria, NY, Jennifer Weaver , Colo. Attorney General's Office, Denver, CO, Maura Murphy Osborne , Office of The Attorney General, Hartford, CT, David J. Lyons , Ilona Kirshon , Delaware Department of Justice, Wilmington, DE, Brittany Marie Jones , Jones Day, Diana Salgado , Planned Parenthood Federation of America, Kristen Paige Miller , Democracy Forward Foundation, Michelle Iris Banker , National Women's Law Center, Valerie M. Nannery , Robin Thurston, Washington, DC, Andrea J. Armitage , Hawaii Dept. of the Attorney General, Diane K. Taira , Jill T. Nagamine , State of Hawaii, Honolulu, HI, Sarah Jeanne Gallo , Lauren Barski , Illinois Office of the Attorney General, Jessica Scheller , Prathima Yeddanapudi , Cook County State's Attorney's Office, Chicago, IL, Jeffrey Paul Dunlap , Office of the Attorney General, Baltimore, MD, Jonathan T. Burke , Office of the Attorney General of Massachusetts, Worcester, MA, Fadwa A. Hammoud , Toni L. Harris , Michigan Department of Attorney General, Lansing, MI, Scott Ikeda , Minnesota Office of the Attorney General, St. Paul, MN, Heidi Parry Stern , Nevada Attorney General, Las Vegas, NV, Marie Soueid , Office of the New Jersey Attorney General, Trenton, NJ, Elleanor H. Chin , Oregon Department of Justice, Salem, OR, Aimee Diane Thomson , PA Office of the Attorney General, Philadelphia, PA, Michael W. Field , Rhode Island Attorney General, Providence, RI, Benjamin Daniel Battles , Eleanor Laurel Pullin Spottswood , Office of the Attorney General, Montpelier, VT, Zachary R. Glubiak , Office of the Attorney General, Richmond, VA, Maura Whelan , Wisconsin Department of Justice, Madison, WI, Kurt Calia , Covington & Burling LLP, Palo Alto, CA, for Plaintiffs.

Benjamin Thomas Takemoto , Bradley Humphreys , Christopher Bates , Rebecca Kopplin , Vinita Andrapalliyal , U.S. Department of Justice, Washington, DC, for Defendants.

Allyson N. Ho, Gibson , Dunn & Crutcher LLP, Dallas, TX, Daniel Blomberg , Nicholas Robert Reaves , Becket, Jason Harrison Hilborn , Gibson, Dunn & Crutcher LLP, Washington, DC, Robert Dunn , Gibson, Dunn & Crutcher, LLP, Palo Alto, CA, for Defendant-Intervenors.


OPINION AND ORDER

These consolidated cases involve challenges to a rule recently promulgated by the United States Department of Health and Human Services ("HHS") entitled "Protecting Statutory Conscience Rights in Health Care; Delegations of Authority." 84 Fed. Reg. 23,170 (May 21, 2019) (codified at...

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