Inactive Case

North Dakota et al. v. Becerra et al.

Docket No.
3:16-cv-00386
District Court
North Dakota

Goal

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

Issues

Case History

This case has been consolidated with Catholic Benefits Association et al. v. Becerra et al.. All filings post-consolidation are included on this page.

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 violate 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.

Potential Impact:

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

41 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

Amicus Briefs for Defendant(s)

American Civil Liberties Union

Topic(s)

Affordable Care Act Nondiscrimination Protections (Section 1557)

Date Filed
November 7, 2016
Case Type
Civil
Court Type
District Court
Court
North Dakota
Judge
Welte, Peter D. Appointed By: Donald Trump
Plaintiff(s)
State of North Dakota; Religious Sisters of Mercy; Sacred Heart Mercy Health Care Center (Jackson, MN); Sacred Heart Mercy Health Care Center (Alma, MI); SMP Health System; University of Mary
Lead Counsel For Plaintiff(s)
The Becket Fund for Religious Liberty; Government
Defendant(s)
Xavier Becerra; Department of Health and Human Services; Charlotte A. Burrows; Equal Employment Commission
Lead Counsel for Defendant(s)
Government