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Little Sisters of the Poor Jeanne Jugan Residence v. California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-15072, 19-15118 · judgment October 22, 2019

GVR'd · July 9, 2020
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below.

Question presented

In Little Sisters of the Poor Saints Peter & Paul Home v. Pennsylvania, No. 19-431, and Trump v. Pennsylvania, No. 19-454, the Court granted certiorari to determine, among other things, whether the federal government lawfully exempted religious objectors from the regulatory requirement to provide health plans that include contraceptive coverage. This case involves a challenge to the same regulations. Here, as in the pending cases, the court of appeals has enjoined the rules on the theory that RFRA and the Affordable Care Act not only do not require, but do not even allow, the religious exemption rules. This case presents a very similar scenario, the same regulations, and the same legal conclusions reached by the court of appeals. The question presented is: Whether the federal government lawfully exempted religious objectors from the regulatory requirement to provide health plans that include contraceptive coverage?

Counsel of record

For petitioner
Mark Leonard Rienzi
The Becket Fund for Religious Liberty

For respondent
John J. Bursch
Alliance Defending Freedom

Case

Conference history
Distributed for 2 conferences

Related
Vide, 19-1038, 19-1040

Linked docket
19A705

Proceedings

  1. Aug 10 2020
    JUDGMENT ISSUED.
  2. Jul 09 2020
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 591 U. S. ___ (2020).
  3. Jul 08 2020
    DISTRIBUTED for Conference of 7/8/2020.
  4. Apr 08 2020
    DISTRIBUTED for Conference of 4/24/2020.
  5. Mar 20 2020
    Brief of respondents State of California in opposition filed. VIDED.
  6. Mar 19 2020
    Waiver of right of respondent March for Life Education and Defense Fund to respond filed.
  7. Mar 18 2020
    Waiver of right of respondent United States to respond filed.
  8. Feb 19 2020
    Petition for a writ of certiorari filed. (Response due March 26, 2020)
  9. Dec 23 2019
    Application (19A705) to extend the time to file a petition for a writ of certiorari from January 20, 2020 to February 19, 2020, submitted to Justice Kagan.
    Main DocumentProof of Service
  10. Dec 23 2019
    Application (19A705) granted by Justice Kagan extending the time to file until February 19, 2020.