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.
211890P.pdf 12/09/2022 The Religious Sisters of Mercy v. Xavier Becerra
U.S. Court of Appeals Case No: 21-1890
U.S. District Court for the District of North Dakota - Eastern
[PUBLISHED] [Smith, Author, with Gruender and Kobes, Circuit Judges]
Civil case - Affordable Care Act. The district court enjoined the federal
defendants from enforcing Section 1557 of the Patient Protection and
Affordable Care Act in a way which compels the plaintiffs to perform and
provide insurance for gender transitions. Held: (1) the Catholic Benefits
Association lacked associational standing to sue on behalf of unnamed
members; (2) the remaining plaintiffs had standing to challenge HHS's
enforcement of Section 1557: (3) the Catholic Benefits Association had
standing to challenge the EEOC's interpretation of Title VII with respect
to this issue; (4) the matter is ripe with respect to the challenges to
Section 1557 and Title VII; and (5) the district court did not err in
granting plaintiffs permanent injunctive relief as they showed imminent
irreparable harm sufficient to justify permanent injunctive relief against
HHS and the EEOC.