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Diocese Cheyenne v Burwell Order

Diocese Cheyenne v Burwell Order

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Published by Howard Friedman
Injunction pending appeal.
Injunction pending appeal.

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Published by: Howard Friedman on Jul 01, 2014
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07/28/2014

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UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
DIOCESE OF CHEYENNE; CATHOLIC CHARITIES OF WYOMING; ST. JOSEPH'S CHILDREN’S HOME; ST. ANTHONY TRI-PARISH CATHOLIC SCHOOL; WYOMING CATHOLIC COLLEGE, Plaintiffs-Appellants, v. SYLVIA MATHEWS BURWELL, in her official capacity as Secretary of the U.S. Department of Health and Human Services;
 THOMAS PEREZ, in his official capacity as Secretary of U.S. Department of Labor; JACOB J. LEW, in his official capacity as Secretary of the U.S. Department of the Treasury; U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; U.S. DEPARTMENT OF LABOR; U.S. DEPARTMENT OF THE TREASURY, Defendants-Appellees.  No. 14-8040 (D.C. No. 2:14-CV-00021-SWS) (D. Wyo.)
 ORDER
Before
LUCERO
 and
MATHESON
, Circuit Judges.
 In accordance with Rule 43(c)(2) of the Federal Rules of Appellate Procedure, Sylvia Mathews Burwell is substituted for Carolyn W. Colvin as the defendant-appellee in this action.
 
FILED United States Court of Appeals Tenth Circuit
June 30, 2014
 Elisabeth A. Shumaker Clerk of Court
 
Appellate Case: 14-8040 Document: 01019271598 Date Filed: 06/30/2014 Page: 1
 
- 2 - Plaintiffs-Appellants seek an injunction pending appeal from the district court’s denial of a preliminary injunction. Plaintiffs-Appellants, who are a Roman Catholic Diocese and several Catholic organizations, seek to enjoin provisions of the Affordable Care Act and related regulations (“the Mandate”) pertaining to the  provision of abortion-producing products, contraception, sterilization, and related education and counseling services (“contraceptive services”), to plaintiffs-appellants’ employees through a group health plan. Plaintiffs-Appellants contend that the Mandate violates the Religious Freedom Restoration Act (“RFRA”) by imposing a substantial burden on their religious beliefs that is not warranted by a compelling governmental interest that is advanced in the least restrictive means. In a similar case before this court, the Supreme Court entered an injunction  pending appeal after a panel of this court had denied one.
See
 
 Little Sisters of the Poor Home for the Aged, Denver Colo. v. Sebelius
, 134 S. Ct. 1022 (Jan. 24, 2014) (mem.). In light of the Supreme Court’s ruling, we hereby order as follows. If the  plaintiffs-appellants inform the Secretary of Health and Human Services in writing that they are non-profit organizations that hold themselves out as religious and have religious objections to providing coverage for contraceptive services, the respondents are enjoined from enforcing against the plaintiffs-appellants the challenged  provisions of the Patient Protection and Affordable Care Act and related regulations  pending further order of the court. To meet the condition for injunction pending
Appellate Case: 14-8040 Document: 01019271598 Date Filed: 06/30/2014 Page: 2

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