COMMONWEALTH OF PENNSYLVANIA v. TRUMP et al

Filing 60

MEMORANDUM AND ORDER THAT THE COMMONWEALTH OF PENNSYLVANIA'S MOTION FOR A PRELIMINARY INJUNCTION 9 IS GRANTED. IT IS FURTHER ORDERED THAT DEFENDANTS ERIC D. HARGAN, AS ACTING SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVIC ES (SUBSTITUTED PURSUANT TO RULE 25(D) OF THE FRCP); THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; STEVEN T. MNUCHIN, AS SECRETARY OF THE U.S. DEPARTMENT OF TREASURY; THE U.S. DEPARTMENT OF TREASURY, RENE ALEXANDER ACOSTA, AS SECRETARY OF THE U.S . DEPARTMENT OF LABOR; AND THE U.S. DEPARTMENT OF LABOR; AND THEIR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS, DESIGNEES, AND SUBORDINATES, AS WELL AS ANY PERSON ACTING IN CONCERT OR PARTICIPATION WITH THEM, ARE HEREBY ENJOINED FROM ENFORCING T HE FOLLOWING INTERIM FINAL RULES PENDING FURTHER ORDER OF THIS COURT: 1. RELIGIOUS EXEMPTIONS AND ACCOMODATIONS FOR COVERAGE OF CERTAIN PREVENTIVE SERVICES UNDER THE AFFORDABLE CARE ACT DESCRIBED AT 82 FED. REG. 47792; AND 2. MORAL EXEMPTIONS AND ACC OMODATIONS FOR COVERAGE OF CERTAIN PREVENTIVE SERVICES UNDER THE AFFORDABLE CARE ACT DESCRIBED AT 82 FED. REG. 47838. THE COURT HAS CONSIDERED THE ISSUE OF SECURITY PURSUANT TO RULE 65(C) OF THE FRCP AND DETERMINES THAT DEFENDANTS WILL NOT SUFFER ANY FINANCIAL LOSS THAT WARRANTS THE NEED FOR THE PLAINTIFF TO POST SECURITY. AFTER CONSIDERING THE FACTS AND CIRCUMSTANCES OF THIS CASE, THE COURT FINDS THAT SECURITY IS UNNECESSARY AND EXERCISES ITS DISCRETION NOT TO REQUIRE THE POSTING OF SECURITY IN THIS SITUATION. SIGNED BY HONORABLE WENDY BEETLESTONE ON 12/15/17. 12/15/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA ,
Plaintiff,

CIVIL ACTION

v.
NO. 17-4540
DONALD J. TRUMP, DONALD J.
WRIGHT, UNITED STATES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES, STEVEN T.
MNUCHIN, UNITED STATES
DEPARTMENT OF THE TREASURY,
RENE ALEXANDER ACOSTA AND THE
UNITED STATES DEPARTMENT OF
LABOR,
Defendants.
ORDER
AND NOW, this 15th day of December, 2017, upon consideration of the Commonwealth
of Pennsylvania’s Motion for a Preliminary Injunction (ECF No. 9), Defendants’ Response
thereto (ECF No. 15), Plaintiff’s Reply in Support thereof (ECF No. 30), the Administrative
Record (ECF Nos. 23 & 47), Briefs of the Amici Curiae (ECF Nos. 34, 35 & 36), and following
a Hearing on Plaintiff’s Motion on December 14, 2017, IT IS HEREBY ORDERED that the
Motion is GRANTED.
It is FURTHER ORDERED that Defendants Eric D. Hargan, as Acting Secretary of the
United States Department of Health and Human Services (substituted pursuant to Rule 25(d) of
the Federal Rules of Civil Procedure); the United States Department of Health and Human
Services; Steven T. Mnuchin, as Secretary of the United States Department of Treasury; the
United States Department of Treasury, Rene Alexander Acosta, as Secretary of the United States

Department of Labor; and the United States Department of Labor;1 and their officers, agents,
servants, employees, attorneys, designees, and subordinates, as well as any person acting in
concert or participation with them, are hereby ENJOINED from enforcing the following Interim
Final Rules pending further order of this Court:
1. Religious Exemptions and Accommodations for Coverage of Certain Preventive Services
Under the Affordable Care Act described at 82 Fed. Reg. 47792; and
2. Moral Exemptions and Accommodations for Coverage of Certain Preventive Services
Under the Affordable Care Act described at 82 Fed. Reg. 47838.
The Court has considered the issue of security pursuant to Rule 65(c) of the Federal
Rules of Civil Procedure and determines that Defendants will not suffer any financial loss that
warrants the need for the Plaintiff to post security. After considering the facts and circumstances
of this case, the Court finds that security is unnecessary and exercises its discretion not to require
the posting of security in this situation.

BY THE COURT:

/s/Wendy Beetlestone, J.
_______________________________
WENDY BEETLESTONE, J.

1

In light of the constitutional concerns associated with enjoining the President of the United
States for a claim under the Administrative Procedure Act, this injunction does not apply to the
President. See Franklin v. Massachusetts, 505 U.S. 788, 801 (1992).
2