Commonwealth of Pennsylvania, et al v. President United States of America, et al
| COMMONWEALTH OF PENNSYLVANIA and STATE OF NEW JERSEY |
| PRESIDENT UNITED STATES OF AMERICA, UNITED STATES OF AMERICA, SECRETARY U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SECRETARY U.S. DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF TREASURY, SECRETARY U.S. DEPARTMENT OF LABOR and U.S. DEPARTMENT OF LABOR |
| LITTLE SISTERS OF THE POOR SAINTS PETER AND PAUL HOME |
| PROTECT THE FIRST FOUNDATION and MARCH FOR LIFE EDUCATION AND DEFENSE FUND |
| MARGARET HAMBURG, Ph. D., STEPHEN OSTROFF and PETER LURIE, Ph. D. |
| 25-2662 |
| September 5, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| Filing 58 HARD COPY RECEIVED from Appellees Commonwealth of Pennsylvania and State of New Jersey in 25-2575, 25-2662 - Brief. Copies: 7. [25-2575, 25-2662] (JD) [Entered: 03/03/2026 04:00 PM] |
| Filing 57 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Dr. Margaret Hamburg, Dr. Stephen Ostroff, and Dr. Peter Lurie in support of Appellee/Respondent. Certificate of Service dated 03/02/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2575, 25-2662] (OH) [Entered: 03/02/2026 10:06 AM] |
| Filing 56 ECF FILER: ENTRY OF APPEARANCE from Oscar Heanue on behalf of Amicus Curiae Dr. Margaret Hamburg, Dr. Stephen Ostroff, and Dr. Peter Lurie. [25-2575, 25-2662] (OH) [Entered: 03/02/2026 10:03 AM] |
| Filing 55 ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Appellee State of New Jersey in 25-2575, 25-2662 containing Addendum to Appellees' brief including New Jersey signature. Certificate of Service dated 02/26/2026 by ECF. [25-2575, 25-2662] (JPB) [Entered: 02/26/2026 12:15 PM] |
| Filing 54 ECF FILER: ELECTRONIC JOINT BRIEF on behalf of Appellees Commonwealth of Pennsylvania and State of New Jersey in 25-2575, 25-2662. Certificate of Service dated 02/25/2026 by ECF. [25-2575, 25-2662]--[Edited 02/26/2026 by MS] (ADT) [Entered: 02/25/2026 04:48 PM] |
Filing 53
ORDER (Clerk) granting in this instance only the Unopposed Motion by Proposed Amici Curiae Americans United for Separation of Church and State and National Womens Law Center to File Overlength Brief in Support of Plaintiffs-Appellees. At the time of filing their brief, Amici may attach a separate listing of the co-signers to the brief. The brief itself must otherwise comply with Federal Rule of Appellate Procedure 29 and all other applicable rules. It also may not otherwise exceed the word limitation set in the Federal Rules of Appellate Procedure. [25-2575, 25-2662] (KR) [Entered: 02/20/2026 11:49 AM]
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| Filing 52 ECF FILER: Motion filed by to accept Brief of Amici Curiae Americans United for Separation of Church and State and National Women's Law Center et al. that is in excess of page limit due to appendix naming additional amici. Certificate of Service dated 02/17/2026. [25-2575, 25-2662] (MB) [Entered: 02/17/2026 12:52 PM] |
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Filing 51
ORDER (HARDIMAN, RESTREPO and PHIPPS, Circuit Judges) granting Motion by Appellees for Leave to File Overlength Brief. Appellees brief containing no more than 18,000 words must be filed and served within fourteen (14) days of the date of this Order. This Order does not authorize any other brief to exceed the length limitations found in the Federal Rules of Appellate Procedure. Panel No.: XCO-015. Hardiman, Authoring Judge. [25-2575, 25-2662] (KR) [Entered: 02/11/2026 12:42 PM]
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| Filing 50 TEXT ORDER (Clerk) Briefing is hereby stayed pending disposition of Appellees' motion for leave to file overlength brief. [25-2575, 25-2662] (HAG) [Entered: 01/15/2026 04:38 PM] |
| Filing 49 ECF FILER: Motion filed by Appellee State of New Jersey for leave to file an overlength response brief. Certificate of Service dated 01/14/2026. Service made by ECF. [25-2575, 25-2662]--[Edited 01/15/2026 by KR] (JPB) [Entered: 01/14/2026 04:55 PM] |
| Filing 48 HARD COPY RECEIVED from - Amicus Brief on behalf of Lindsay and Matt Moroun Religious Liberty Clinic in support of Appellants. Copies: 7. [25-2575, 25-2662] (JD) [Entered: 12/22/2025 10:44 AM] |
| Filing 47 HARD COPY RECEIVED from - Amicus Brief on behalf of Protect the First Foundation in support of Appellant. Copies: 10. [25-2575, 25-2662] (JD) [Entered: 12/22/2025 10:41 AM] |
| Filing 46 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of March for Life Education and Defense Fund in support of Appellant/Petitioner. Certificate of Service dated 12/19/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2662] (JMB) [Entered: 12/19/2025 04:23 PM] |
| Filing 45 ECF FILER: ENTRY OF APPEARANCE from Julie Marie Blake on behalf of Amicus Curiae March for Life Education and Defense Fund. [25-2662] (JMB) [Entered: 12/19/2025 04:21 PM] |
| Filing 44 ECF FILER: ENTRY OF APPEARANCE from Joshua J. Prince on behalf of Amicus Curiae Protect the First Foundation. [25-2575, 25-2662] (JJP) [Entered: 12/19/2025 03:36 PM] |
| Filing 43 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Protect the First Foundation in support of Appellant/Petitioner. Certificate of Service dated 12/19/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2575, 25-2662] (GCS) [Entered: 12/19/2025 03:33 PM] |
| Filing 42 ECF FILER: ENTRY OF APPEARANCE from Gene C. Schaerr on behalf of Amicus Curiae Protect the First Foundation. [25-2575, 25-2662] (GCS) [Entered: 12/19/2025 03:28 PM] |
| Filing 41 ECF FILER: CORRECTED ELECTRONIC AMICUS BRIEF on the merits on behalf of Lindsay and Matt Moroun Religious Liberty Clinic in support of Appellant/Petitioner. Certificate of Service dated 12/19/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2575, 25-2662] (MHK) [Entered: 12/19/2025 02:40 PM] |
| Filing 40 ECF FILER: ENTRY OF APPEARANCE from John A. Meiser on behalf of Amicus Curiae Lindsay and Matt Moroun Religious Liberty Clinic, Notre Dame Law School. [25-2575, 25-2662] (JAM) [Entered: 12/19/2025 02:09 PM] |
| Filing 39 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Lindsay and Matt Moroun Religious Liberty Clinic in support of Appellant/Petitioner. Certificate of Service dated 12/19/2025 by ECF. F.R.A.P. 29(a) Permission: YES. --[Edited 12/26/2025 by EAF - Attachment removed as it was filed in error; See Document #43] [25-2575, 25-2662] (MHK) [Entered: 12/19/2025 02:05 PM] |
| Filing 38 ECF FILER: ENTRY OF APPEARANCE from Meredith H. Kessler on behalf of Amicus Curiae Lindsay and Matt Moroun Religious Liberty Clinic. [25-2575, 25-2662] (MHK) [Entered: 12/19/2025 01:54 PM] |
| Filing 37 HARD COPY RECEIVED from Appellant Little Sisters of the Poor Saints Peter and Paul Home in 25-2575, Appellants President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, HHS, United States Department of Labor, United States Department of Treasury, USA and Appellee Little Sisters of the Poor Saints Peter and Paul Home in 25-2662 - Appendix. Copies: 4. Volumes: 4 [25-2575, 25-2662] (MS) [Entered: 12/16/2025 04:07 PM] |
| Filing 36 HARD COPY RECEIVED from Appellants President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, HHS, United States Department of Labor, United States Department of Treasury and USA - Brief. Copies: 7. (JD) [Entered: 12/15/2025 12:37 PM] |
| Filing 35 ECF FILER: ELECTRONIC BRIEF on behalf of Appellants HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA. Certificate of Service dated 12/12/2025 by ECF. [25-2662] (DW) [Entered: 12/12/2025 09:45 AM] |
| Filing 34 ECF FILER: ENTRY OF APPEARANCE from Derek Weiss on behalf of Appellant(s) President United States of America; Secretary US Department Health Human Services; US Department Health Human Services; Secretary US Department Treasury; US Department Treasury; Secretary US Department Labor; US Department Labor; United States of America. [25-2662] (DW) [Entered: 12/12/2025 09:24 AM] |
| Filing 33 ECF FILER: ELECTRONIC JOINT APPENDIX Volumes I through IV on behalf of Appellants HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA in 25-2662, Appellees HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA in 25-2575. Certificate of service dated 12/12/2025 by ECF. [25-2662, 25-2575]--[Edited 12/12/2025 by MCW] (JEC) [Entered: 12/12/2025 08:20 AM] |
| Filing 32 ECF FILER: ENTRY OF APPEARANCE from Daniel L. Chen on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (DC) [Entered: 12/09/2025 04:10 PM] |
| Filing 31 ECF FILER: ENTRY OF APPEARANCE from Richard C. Osborne on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (RCO) [Entered: 12/09/2025 02:57 PM] |
| Filing 30 TEXT ORDER (Clerk) Appellant's Unopposed Joint Motion for Extension of Time to File Briefs and Consolidated Joint Appendix is construed as an unopposed joint motion to modify the briefing schedule. So construed, the motion is granted. Appellants' briefs and consolidated appendix in both case nos. 25-2575 and 25-2662 must be filed and served on or before December 12, 2025. Appellees' brief must be filed and served on or before January 22, 2026. [25-2575, 25-2662] (DW) [Entered: 11/06/2025 10:34 AM] |
| Filing 29 ECF FILER: UNOPPOSED Joint Motion filed by Appellants HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA in 25-2662, Appellees HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA in 25-2575 for Extension of Time to file Brief & Consolidated Joint Appendix until/for 12/12/2025. Certificate of Service dated 11/05/2025. Service made by ECF. [25-2662, 25-2575] (JEC) [Entered: 11/05/2025 11:49 AM] |
| Filing 28 TEXT ORDER (Clerk) . [25-2575, 25-2662] Government Appellees has requested that briefing in these matters be stayed in light of the lapse of appropriations. Appellees' briefs are currently due on November 12, 2025. Government Appellees' requests that the current deadline be extended by the total number of days of the lapse of appropriations,plus an additional fourteen (14) days. The motion is granted in part. In the event that the lapse extends beyond the Appellees' current deadline, the Appellees will have fourteen (14) days from the date that the shutdown ends to file its briefs or file a motion seeking additional time. In the event that the lapse does not extend beyond the current deadline, the Appellees shall file its briefs by the current deadline or file a motion for additional time. (DW) [Entered: 10/29/2025 04:49 PM] |
| Filing 27 ECF FILER: UNOPPOSED Motion filed by Appellees HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA in 25-2575, Appellants HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA in 25-2662 to stay briefing schedule. Certificate of Service dated 10/27/2025. Service made by ECF. [25-2575, 25-2662] (JEC) [Entered: 10/27/2025 02:13 PM] |
| Filing 26 ECF FILER: UNOPPOSED Motion filed by Appellants HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA in 25-2662, Appellees HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA in 25-2575 to stay briefing schedule. Certificate of Service dated 10/27/2025. Service made by ECF. [25-2662, 25-2575]--Document Removed - Duplicate filing.--[Edited 10/28/2025 by KR] (JEC) [Entered: 10/27/2025 01:59 PM] |
| Filing 25 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 [25-2575, 25-2662] (KR) [Entered: 10/02/2025 11:23 AM] |
| Filing 24 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Little Sisters of the Poor Saints Peter and Paul Home, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury and United States of America due on or before 11/12/2025. Appendix due on or before 11/12/2025. [25-2575, 25-2662] (KR) [Entered: 10/02/2025 11:16 AM] |
| Filing 23 ECF FILER: ENTRY OF APPEARANCE from Paul D. Clement on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (PDC) [Entered: 09/24/2025 04:41 PM] |
| Filing 22 ECF FILER: ENTRY OF APPEARANCE from Erin E. Murphy on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (EEM) [Entered: 09/24/2025 04:28 PM] |
| Filing 21 ECF FILER: ENTRY OF APPEARANCE from Paul D. Clement on behalf of Appellant(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] Document Removed - Corrected Entry of Appearance filed.--[Edited 09/24/2025 by KR] (PDC) [Entered: 09/24/2025 04:20 PM] |
| Filing 20 ECF FILER: ENTRY OF APPEARANCE from Lori H. Windham on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (LHW) [Entered: 09/24/2025 04:05 PM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Benjamin A. Fleshman on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (BAF) [Entered: 09/24/2025 03:57 PM] |
| Filing 18 ECF FILER: ENTRY OF APPEARANCE from Adele Auxier Keim on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (AAK) [Entered: 09/24/2025 03:53 PM] |
| Filing 17 ECF FILER: ENTRY OF APPEARANCE from Diana Verm Thomson on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (DMT) [Entered: 09/24/2025 03:45 PM] |
| Filing 16 ECF FILER: ENTRY OF APPEARANCE from Eric C. Rassbach on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (ECR) [Entered: 09/24/2025 03:42 PM] |
| Filing 15 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (MLR) [Entered: 09/24/2025 03:36 PM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Mark L. Rienzi on behalf of Appellee(s) Little Sisters of the Poor Saints Peter and Paul Home. [25-2662] (MLR) [Entered: 09/24/2025 03:32 PM] |
| Filing 13 FOLLOW UP LETTER to Paul D. Clement, Esq. for Appellee Little Sisters of the Poor Saints Peter and Paul Home, Benjamin A. Fleshman, Esq. for Appellee Little Sisters of the Poor Saints Peter and Paul Home, Adele A. Keim, Esq. for Appellee Little Sisters of the Poor Saints Peter and Paul Home, Erin E. Murphy, Esq. for Appellee Little Sisters of the Poor Saints Peter and Paul Home, Eric C. Rassbach, Esq. for Appellee Little Sisters of the Poor Saints Peter and Paul Home, Mark L. Rienzi, Esq. for Appellee Little Sisters of the Poor Saints Peter and Paul Home, Diana M. V. Thomson, Esq. for Appellee Little Sisters of the Poor Saints Peter and Paul Home and Lori H. Windham, Esq. for Appellee Little Sisters of the Poor Saints Peter and Paul Home requesting the following document(s): Appearance Form on or before 10/07/2025. Disclosure Statement on or before 10/07/2025. (KR) [Entered: 09/23/2025 10:44 AM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Meghan K. Musso on behalf of Appellee(s) State of New Jersey. [25-2662]--[Edited 09/23/2025 by KR] (MM) [Entered: 09/22/2025 11:19 AM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Aimee D. Thomson on behalf of Appellee(s) Commonwealth of Pennsylvania. [25-2575, 25-2662] (ADT) [Entered: 09/19/2025 04:08 PM] |
| Filing 10 ECF FILER: ENTRY OF APPEARANCE from Joshua P. Bohn on behalf of Appellee(s) State of New Jersey. [25-2662] (JPB) [Entered: 09/18/2025 09:20 AM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Sharon Swingle on behalf of Appellant(s) President United States of America; Secretary US Department Health Human Services; US Department Health Human Services; Secretary US Department Treasury; US Department Treasury; Secretary US Department Labor; US Department Labor; United States of America. [25-2662]--[Edited 09/15/2025 by KR] (SS) [Entered: 09/12/2025 03:55 PM] |
| Filing 8 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA advising this court that transcripts are not needed. [25-2662] (JEC) [Entered: 09/12/2025 03:01 PM] |
| Filing 7 ECF FILER: Concise Summary of the Case filed by Appellants HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA. [25-2662] (JEC) [Entered: 09/12/2025 02:57 PM] |
| Filing 6 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants HHS, President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, United States Department of Labor, United States Department of Treasury and USA. [25-2662] (JEC) [Entered: 09/12/2025 02:56 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Jacob Christensen on behalf of Appellant(s) President United States of America; Secretary US Department Health Human Services; US Department Health Human Services; Secretary US Department Treasury; US Department Treasury; Secretary US Department Labor; US Department Labor; United States of America. [25-2662] (JEC) [Entered: 09/11/2025 09:06 AM] |
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Filing 4
ORDER (Clerk) The appeals are consolidated for purposes of scheduling, joint appendix, Appellees brief, and disposition. [25-2575, 25-2662] (KR) [Entered: 09/05/2025 11:25 AM]
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| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (KR) [Entered: 09/05/2025 11:17 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (KR) [Entered: 09/05/2025 11:16 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants President United States of America, Secretary United States Department of Health and Human Services, Secretary United States Department of Labor, Secretary United States Department of Treasury, HHS, United States Department of Labor, United States Department of Treasury and USA in District Court No. 2:17-cv-04540. (KR) [Entered: 09/05/2025 11:09 AM] |
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