390 F. Supp. 3d 1061
N.D. Cal.2019Background
- Oregon intervened in multi-state litigation challenging HHS/DOL/Treasury Rules that create religious and moral exemptions to the ACA contraceptive mandate and sought extension of a preliminary injunction to cover Oregon.
- The district court previously entered a preliminary injunction (covering thirteen states and D.C.) enjoining implementation of the Rules; Oregon argued it would suffer state costs and increased unintended pregnancies if the Rules took effect.
- Oregon asserted imminent harm because a nationwide injunction from Pennsylvania v. Trump (Third Circuit) currently blocks the Rules but could be altered on appeal.
- Federal Defendants and intervenor March for Life opposed extending the injunction, arguing duplication, speculative injury, and Oregon’s delay in seeking relief.
- The court applied the Winter standard (or the “serious questions” alternative) for preliminary injunctive relief and incorporated its prior analysis on likelihood of success, hardships, and public interest.
- The court concluded Oregon demonstrated irreparable harm (despite the existing nationwide injunction and a modest delay) and extended the prior injunction to cover Oregon to preserve the status quo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Oregon is entitled to a preliminary injunction extending the existing injunction to Oregon | Oregon: If nationwide injunction in Pennsylvania is lifted, Rules will cause irreparable harm (unintended pregnancies, increased state program costs), so preliminary relief is needed now | Fed: Another district’s nationwide injunction already protects Oregon; Oregon’s injury is speculative and contingent; Oregon delayed seeking relief | Granted: Court extended injunction to Oregon, finding irreparable harm likely and existing injunction’s potential dissolution made harm imminent |
| Whether the existence of a parallel nationwide injunction precludes issuing a local injunction | Oregon: Parallel injunction may be limited or overturned; local injunction needed to preserve status quo | Fed: Entry would be duplicative and unnecessary while Pennsylvania injunction stands | Rejected: Court held parallel injunctions are common; existence of another injunction does not bar relief |
| Whether Oregon’s claimed injury is too speculative because it depends on a future event (lifting of another injunction) | Oregon: Harm is not speculative; prior findings show likely harm if Rules go into effect; Third Circuit could act at any time | Fed: Injury is contingent and not imminent; cannot support irreparable harm | Rejected: Court found injury sufficiently imminent given possibility of appeal reversal and precedent acknowledging preservation of status quo before irreversible harm |
| Whether Oregon’s delay in seeking preliminary relief bars injunction | Oregon: Delay minimal and explained by the Pennsylvania injunction; sought expedited relief once risk renewed | Fed: Five-month delay undermines claim of urgency and irreparable harm | Rejected: Court found delay not dispositive; short delay and explanation do not preclude relief |
Key Cases Cited
- Winter v. Nat. Res. Def. Council, 555 U.S. 7 (2008) (standard for preliminary injunctions)
- All. for the Wild Rockies v. Cottrell, 632 F.3d 1127 (9th Cir. 2011) (serious questions/alternate preliminary injunction standard)
- Earth Island Inst. v. Carlton, 626 F.3d 462 (9th Cir. 2010) (plaintiff’s burden for extraordinary preliminary relief)
- Boardman v. Pac. Seafood Grp., 822 F.3d 1011 (9th Cir. 2016) (preliminary relief to preserve status quo where harm could occur before trial)
- California v. Azar, 911 F.3d 558 (9th Cir. 2018) (states’ standing where loss of contraceptive coverage leads to state economic harm)
- In re Excel Innovations, Inc., 502 F.3d 1086 (9th Cir. 2007) (speculative injury cannot support irreparable harm)
- New York v. United States Dep't of Commerce, 351 F. Supp. 3d 502 (S.D.N.Y. 2019) (example of parallel district-court injunctions in related litigation)