Inactive Case

The Religious Sisters of Mercy, et al. v. Becerra, et al.

Docket No.
21-1890
Appellate Court
Eighth Circuit

Goal

  • Block enforcement of an agency action
  • Declaration that agency action is unlawful

Issues

Case History

Why this Matters:

The plaintiffs allege that enforcing protections under the Affordable Care Act against discrimination in federally funded health care programs that would require performing or providing insurance coverage for services related to gender transition or abortion violates the Administrative Procedure Act, the First Amendment, the Due Process Clause of the Fifth Amendment, the Religious Freedom Restoration Act, the Spending Clause, the Tenth Amendment, and the Eleventh Amendment. The Affordable Care Act’s anti-discrimination provisions protect marginalized groups, close health gaps, and ensure equitable access to health care services. This appeal addresses whether the district court erred in finding that the plaintiffs have standing and would suffer irreparable harm due to the defendants’ action.

Potential Impact:

Eroding nondiscrimination protections for women and LGBTQI+ people would expose them to greater challenges in accessing needed services and exacerbate health disparities.

19 Major Filings

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Related Litigation

Current Status

Decision issued

Legal Issues

Religious Freedom Restoration Act (RFRA), Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Lack of Statutory Authority, Administrative Procedure Act - Arbitrary and Capricious, First Amendment - Free Speech Clause, First Amendment - Free Exercise Clause, Fifth Amendment - Due Process Clause, Spending Clause, Eleventh Amendment, Tenth Amendment

Topic(s)

Affordable Care Act Nondiscrimination Protections (Section 1557)

Date Filed
April 20, 2021
Case Type
Civil
Court Type
Appellate Court
Court
Eighth Circuit
Judge
Smith, Lavenski R.; Gruender, Raymond W.; Kobes, Jonathan A.
Plaintiff(s)
The Religious Sisters of Mercy; Sacred Heart Mercy Health Care Center (Alma, MI); SMP Health System; University of Mary; Catholic Benefits Association; Diocese of Fargo; Catholic Charities of North Dakota; Catholic Medical Association; State of North Dakota
Lead Counsel For Plaintiff(s)
Becket Fund for Religious Liberty; Government
Defendant(s)
Xavier Becerra; Department of Health and Human Services; Charlotte A. Burrows; Equal Employment Opportunity Commission
Lead Counsel for Defendant(s)
Government