American Civil Liberties Union v. United States Conference of Catholic Bishops
2013 U.S. App. LEXIS 976
| 1st Cir. | 2013Background
- ACLUM sued in 2009 on Establishment Clause grounds alleging HHS violated the TVPA by delegating funding restrictions to USCCB.
- HHS awarded a nationwide TVPA contract to USCCB in 2006 with a restriction prohibiting abortion/contraceptive services byUSCCB or its subcontractors.
- USCCB’s subcontracts barred reimbursable abortion/contraceptive costs, though subcontractors could provide such services at their own expense.
- The contract expired October 10, 2011; HHS began a grant-based approach in 2011–2012 with different terms favoring abortion/contraceptive services.
- ACLUM sought declaratory and injunctive relief; USCCB intervened in 2010; the district court found non-moot and issued relief on the Establishment Clause grounds.
- On appeal, the First Circuit held the case moot due to contract expiration and new grants, vacating and remanding to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the case moot after contract expiration and new grants? | ACLUM: case remains live for relief. | Defendants: moot because no live controversy and new grants do not raise Establishment concerns. | Yes, moot; case dismissed. |
| Does ACLUM have taxpayer standing to challenge the contract? | ACLUM members affected by funding restrictions. | Standing insufficient or necessary nexus lacking. | Not addressed as mootness disposed of the case. |
| Did the HHS-USCCB contract violate the Establishment Clause? | Contract endorsed or delegated religious views through funding restrictions. | Contract ended; new grants avoid Establishment concerns. | Not reached; mootness bars merits. |
| Do voluntary cessation or capable of repetition doctrines save the challenge? | Voluntary cessation applies because HHS stopped funding USCCB. | No voluntary cessation; contract expired as scheduled; recurrence unlikely. | Neither exception applies; mootness stands. |
Key Cases Cited
- Spencer v. Kemna, 523 U.S. 1 (1998) (mootness and declaratory relief considerations)
- Powell v. McCormack, 395 U.S. 486 (1969) (live controversy requirement; mootness concerns)
- Mangual v. Rotger-Sabat, 317 F.3d 45 (1st Cir. 2003) (standard for mootness review in the First Circuit)
- Hall v. Beals, 396 U.S. 45 (1969) (declaratory relief when controversy no longer live)
- City of Mesquite v. Aladdin's Castle, 455 U.S. 283 (1982) (voluntary cessation doctrine)