DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131118P.pdf 10/06/2014 Annex Medical, Inc. v. Kathleen Sebelius
U.S. Court of Appeals Case No: 13-1118
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Riley, Author, with Colloton and Kelly, Circuit Judges]
Civil case - Religious Freedom Restoration Act. In this Religious Freedom
Restoration Act case challenging the U.S. Department of Health and Human
Services' contraceptive mandate under 42 U.S.C. Section 2000bb-1(a),
plaintiff Janas did not join in the preliminary injunction motion which
forms the basis for the appeal, and he is dismissed from the appeal as he
has no stake in its outcome; with respect of plaintiffs Annex and Lind, on
the basis of the record, the court can only speculate whether Annex's
difficulties in obtaining contraceptive-free insurance are: (1) caused by
the government defendants as opposed to the independent decisions of
third-party insurers and (2) redressable by the remedy available to Annex
- a permanent version of the preliminary injunction Annex already received
and which failed to redress its alleged injury; rather than speculate, the
court will vacate the district court's denial of Annex's motion for a
preliminary injunction and remand the matter for additional analysis,
beginning with the parties' Article III standing. Judge Colloton,
concurring in the judgment.
131118P.pdf 09/05/2014 Annex Medical, Inc. v. Kathleen Sebelius
U.S. Court of Appeals Case No: 13-1118
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Riley, Author, with Colloton and Kelly, Circuit Judges]
Civil case - Religious Freedom Restoration Act - Affordable Health Care
Act. In this appeal challenging the district court denial of a motion to
preliminarily enjoin the contraceptive mandate under 42 U.S.C. Sec.
2000bb-1(a), appellant Janus had no standing to appeal the order;
appellant Annex did not have a sufficient number of employees to be
required to offer any health insurance and the mandate did not apply to
it; the court could not determine on the basis of this record whether
Annex's and Lind's claimed injury - that independent third parties
(private health insurers not involved in the case) are unable to sell
Annex a health insurance plan that excludes healthcare inconsistent with
Lind's religious beliefs - could establish standing, and the matter is
remanded for further proceedings. Judge Colloton, concurring in the
judgment.