Case: American Family Association v. Sebelius

1:13-cv-00032 | U.S. District Court for the Northern District of Mississippi

Filed Date: Feb. 20, 2013

Closed Date: 2013

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Case Summary

On February 20, 2013, Christian owners of non-profit organization filed a lawsuit in the U.S. District Court for the Northern District of Mississippi under the First and Fifth Amendments, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiffs, represented by the Center for Religious Freedom and the Liberty Institute, asked the court for both declaratory and injunctive relief, alleging the federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA") violated their religious freedom by requiring the organization to provide employee insurance coverage for abortion-inducing drugs through its group health insurance plan. Claiming that providing this coverage would contravene both their Christian faith and compel speech and association contrary to their beliefs, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other institutions with similar religious objections.

On March 19, 2013, plaintiffs filed a motion for preliminary injunction. On April 19, 2013, defendants moved to dismiss the case for lack of jurisdiction.

On July 19, 2013, plaintiffs voluntarily dismissed their case without prejudice against the defendants.

Summary Authors

Emma Lawton (11/17/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14376712/parties/american-family-association-inc-v-sebelius/

Judge(s)

Aycock, Sharion (Mississippi)

Attorney for Plaintiff

Butterfield, Justin (Texas)

Kellum, Nathan W (Tennessee)

Mateer, Jeffrey C. (Texas)

Attorney for Defendant

Pollack, Michael Charles (District of Columbia)

Judge(s)

Aycock, Sharion (Mississippi)

Attorney for Plaintiff

Butterfield, Justin (Texas)

Kellum, Nathan W (Tennessee)

Mateer, Jeffrey C. (Texas)

Sasser, Hiram S. III (Texas)

Attorney for Defendant

Pollack, Michael Charles (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:13-cv-00032	Docket (PACER) American Family Association, Inc. v. Sebelius	July 19, 2013	July 19, 2013 Docket
1 1:13-cv-00032	Complaint for Declarative and Injunctive Relief	Feb. 20, 2013	Feb. 20, 2013 Complaint
33 1:13-cv-00032	Notice of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i) American Family v. Sebelius	July 19, 2013	July 19, 2013 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14376712/american-family-association-inc-v-sebelius/

Last updated March 29, 2026, 4:20 a.m.

ECF Number	Date	Description	Link
1	Feb. 20, 2013	COMPLAINT, Filing fee $ 350, receipt number MSN100001454, filed by American Family Association, Inc.. (Attachments: # 1 Civil Cover Sheet) (jlm)	Clearinghouse
2	Feb. 20, 2013	Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (jlm)	RECAP
	Feb. 20, 2013	NOTICE OF ASSIGNMENT. Case assigned to Judge Aycock and Magistrate Judge Sanders. (jlm)
3	March 19, 2013	First MOTION to Appear Pro Hac Vice ; Attorney Jeffrey C. Mateer,(Paid $100 PHV fee; receipt number 0537-958572) by American Family Association, Inc.. (Kellum, Nathan)	RECAP
4	March 19, 2013	First MOTION for Preliminary Injunction by American Family Association, Inc.. (Kellum, Nathan)	RECAP
5	March 19, 2013	AFFIDAVIT re 4 First MOTION for Preliminary Injunction . (Kellum, Nathan)	RECAP
6	March 19, 2013	MEMORANDUM IN SUPPORT re 4 First MOTION for Preliminary Injunction . (Kellum, Nathan)	RECAP
7	March 25, 2013	ORDER granting 3 Motion to Appear Pro Hac Vice; Attorney Jeffrey C. Mateer. Signed by U.S. Magistrate Judge David A. Sanders on 3/25/13. (def)	RECAP
8	March 25, 2013	Summons Issued as to Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor, U.S. Attorney and U.S. Attorney General (dlh) (Main Document 8 replaced on 3/26/2013) (dlh).	RECAP
9	April 15, 2013	Consent MOTION for Extension of Time to File Response/Reply as to 4 First MOTION for Preliminary Injunction by Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor. (Pollack, Michael)	RECAP
10	April 16, 2013	SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Kathleen Sebelius served on 3/29/2013; United States Department Of the Treasury served on 3/29/2013; United States Department of Health and Human Services served on 3/29/2013; United States Department of Labor served on 3/29/2013. (Kellum, Nathan)	RECAP
11	April 16, 2013	SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Jacob Lew served on 4/8/2013. (Kellum, Nathan)	RECAP
	April 16, 2013	Set/Reset Deadlines: Kathleen Sebelius answer due 5/30/2013; United States Department Of the Treasury answer due 5/30/2013; United States Department of Health and Human Services answer due 5/30/2013; United States Department of Labor answer due 5/30/2013. (dlh)
	April 16, 2013	Set/Reset Deadlines: Jacob Lew answer due 6/9/2013. (dlh)
	April 18, 2013	TEXT ORDER granting 9 Motion for Extension of Time to File Response/Reply re 4 First MOTION for Preliminary Injunction . Defendants' Responses due by 4/22/2013. No further order shall issue from the court. Signed by District Judge Sharion Aycock on 4/18/2013. (psk)(no document attached)
12	April 19, 2013	SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Seth Harris served on 4/8/2013; Jacob Lew served on 4/11/2013. (Kellum, Nathan)	RECAP
13	April 19, 2013	RESPONSE in Opposition re 4 First MOTION for Preliminary Injunction filed by Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor. (Attachments: # 1 Exhibit Criswell College v. Sebelius, # 2 Exhibit Wenski v. Sebelius, # 3 Exhibit Declaration of Teresa Miller) (Pollack, Michael)	RECAP
14	April 19, 2013	MEMORANDUM IN OPPOSITION re 13 Response in Opposition to Motion, . (Pollack, Michael)	RECAP
15	April 19, 2013	MOTION to Dismiss for Lack of Jurisdiction by Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor. (Attachments: # 1 Exhibit Criswell College v. Sebelius, # 2 Exhibit Wenski v. Sebelius, # 3 Exhibit Declaration of Teresa Miller) (Pollack, Michael)	RECAP
16	April 19, 2013	MEMORANDUM IN SUPPORT re 15 MOTION to Dismiss for Lack of Jurisdiction . (Pollack, Michael)	RECAP
17	April 23, 2013	First MOTION for Extension of Time to file reply re 4 Motion for Preliminary Injunction by American Family Association, Inc.. (Kellum, Nathan) Modified on 4/23/2013 (dlh).	RECAP
	April 30, 2013	TEXT ORDER granting 17 Motion for Extension of Time. Plaintiff's Reply due on or before May 3, 2013. No further order shall issue from the court. Signed by District Judge Sharion Aycock on 4/30/2013. (psk)(no document attached)
	May 1, 2013	Set/Reset Deadlines as to 4 First MOTION for Preliminary Injunction . Replies due by 5/3/2013. (dlh)
18	May 3, 2013	REPLY to Response to Motion re 4 First MOTION for Preliminary Injunction filed by American Family Association, Inc.. (Kellum, Nathan)	RECAP
19	May 3, 2013	MEMORANDUM IN SUPPORT re 18 Reply to Response to 4 Motion for Preliminary Injunction. (Kellum, Nathan) Modified on 5/3/2013 (dlh).	RECAP
20	May 3, 2013	RESPONSE in Opposition re 15 MOTION to Dismiss for Lack of Jurisdiction filed by American Family Association, Inc.. (Kellum, Nathan)	RECAP
21	May 3, 2013	MEMORANDUM IN OPPOSITION re 20 Response in Opposition to 15 Motion To Dismiss. (Kellum, Nathan) Modified on 5/3/2013 (dlh).	RECAP
22	May 8, 2013	REPLY to Response to Motion re 15 MOTION to Dismiss for Lack of Jurisdiction filed by Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor. (Attachments: # 1 Exhibit Criswell College v. Sebelius) (Pollack, Michael)	RECAP
23	May 8, 2013	MEMORANDUM IN SUPPORT re 22 Reply to Response to 15 Motion, to Dismiss for Lack of Jurisdiction. (Pollack, Michael) Modified on 5/8/2013 (dlh).	RECAP
24	May 16, 2013	SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Jacob Lew served on 4/12/2013. (Kellum, Nathan)	RECAP
25	May 16, 2013	SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. United States Department Of the Treasury served on 4/4/2013. (Kellum, Nathan)	RECAP
26	May 16, 2013	SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. United States Department of Health and Human Services served on 4/2/2013. (Kellum, Nathan)	RECAP
27	May 16, 2013	SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Kathleen Sebelius served on 4/1/2013. (Kellum, Nathan)	RECAP
28	May 16, 2013	SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. United States Department of Labor served on 4/16/2013. (Kellum, Nathan)	RECAP
29	May 17, 2013	INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 7/23/2013 at 09:30 AM in Judge Sanders Chambers before Mag. Judge David A. Sanders. Signed by Mag. Judge David A. Sanders on 5/17/2013. (egs)	RECAP
30	May 31, 2013	BRIEF Letter Brief Re Update in Geneva College v. Sebelius re 4 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 1) (Mateer, Jeffrey) Modified on 6/3/2013 (jlm).	RECAP
31	June 6, 2013	First MOTION to Appear Pro Hac Vice ; Attorney Justin Butterfield,(Paid $100 PHV fee; receipt number 0537-990532) by American Family Association, Inc.. (Mateer, Jeffrey)	RECAP
32	June 14, 2013	ORDER granting 31 Motion to Appear Pro Hac Vice; Attorney Justin Butterfield for the plaintiff. Signed by U.S. Magistrate Judge David A. Sanders on 6/14/13. (def)	RECAP
33	July 19, 2013	NOTICE of Voluntary Dismissal by Nathan W. Kellum on behalf of American Family Association, Inc. (Kellum, Nathan)	RECAP

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Case Details

State / Territory:

Mississippi

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 20, 2013

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Christian nonprofit, organized for religious purposes, seeking an exemption from the Affordable Care Act's contraception mandate.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Health and Human Services

Department of Labor

Department of the Treasury

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Due Process

Establishment Clause

Freedom of speech/association

Free Exercise Clause

Other Dockets:

Northern District of Mississippi 1:13-cv-00032

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Reproductive rights:

Contraception

Recommended Citation

Case Summary of American Family Association v. Sebelius, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/13004/ (last updated 11/17/2013).