Newland et al v. Sebelius et al

Filing 70

PERMANENT INJUNCTION by Judge John L. Kane on 3/16/2015. (Attachments: # 1 Memorandum, # 2 Order) (babia)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane

Civil Action No. 1:12-cv-1123
WILLIAM NEWLAND,
PAUL NEWLAND,
JAMES NEWLAND,
CHRISTINE KETTERHAGEN,
ANDREW NEWLAND, and
HERCULES INDUSTRIES, INC.
Plaintiffs,
v.
SYLVIA M. BURWELL, in her official capacity as
Secretary of the United States Department of Health and Human Services;
THOMAS E. PEREZ, in his official capacity as
Secretary of the United States Department of Labor;
JACOB LEW, in his official capacity as
Secretary of the United States Department of the Treasury;
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
UNITED STATES DEPARTMENT OF LABOR; and
UNITED STATES DEPARTMENT OF THE TREASURY;
Defendants.

PERMANENT INJUNCTION

Kane, J.
The Tenth Circuit Court of Appeals affirmed my decision granting Plaintiffs a
preliminary injunction barring enforcement of an HHS regulation requiring employer-provided
group health plans to cover certain contraceptive drugs and services. Order and Judgment (Doc.
58). The parties agree that a permanent injunction should be entered in favor of Plaintiffs on
their RFRA claim, but they disagree as to its scope.
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Based on the inherent jurisdictional authority of this court and upon consideration of my
July 27, 2012, Order granting Plaintiff’s Motion for Preliminary Junction (Doc. 30), the rulings
of the Tenth Circuit and the Supreme Court, the parties’ reliance on the same factual record in
existence on July 27, 2012, the parties’ Joint Status Report (Doc. 69), the attached Memorandum
Opinion, and the entirety of the pleadings and arguments offered in this case, and for good cause
shown,
IT IS ORDERED that judgment is entered in favor of Plaintiffs and against Defendants
on Plaintiffs’ claim under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb et seq.
IT IS FURTHER ORDERED that Defendants, their employees, agents, and successors in
office are permanently ENJOINED from, directly or indirectly, (1) enforcing against Hercules
Industries, Inc. (“Hercules”) any regulation promulgated or amended pursuant to 42 U.S.C. §§
300gg-13(a)(4), or otherwise, requiring Hercules to provide health insurance coverage for
abortifacients, contraception, sterilization, and related education and counseling to its employees;
(2) from applying any penalties, fines, or assessments for noncompliance with any regulation
promulgated or amended pursuant to 42 U.S.C. §§ 300gg-13(a)(4), or otherwise, requiring
Hercules to provide health insurance coverage for abortifacients, contraception, sterilization and
related education and counseling to its employees, including those found in 26 U.S.C. § 4980D
and 29 U.S.C. §§ 1132 and 1185d; and (3) from taking any other actions based on
noncompliance with any regulation promulgated or amended pursuant to 42 U.S.C. §§ 300gg13(a)(4), or otherwise, requiring Hercules to provide health insurance coverage for
abortifacients, contraception, sterilization and related education and counseling to its employees;
IT IS FURTHER ORDERED that in the event Defendants seek relief or modification of
this Permanent Injunction, Defendants must first move this Court to modify or dissolve this
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injunction by showing that a significant change either in factual conditions or in law renders
continued enforcement of the injunction detrimental to the public interest; and
IT IS FURTHER ORDERED that any petition by Plaintiffs for attorney fees or costs
shall be submitted on or before 45 days (or the next business day if that day falls on a weekend
or a court holiday) from the date this judgment is issued.

Dated: March 16, 2015

BY THE COURT:
s/ John L. Kane
Senior U.S. District Court Judge

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