Issue: (1) Whether Congress has the authority under the Commerce Clause to force employers to buy or provide employees with government defined health insurance at a rate the government defines as affordable with no option to discontinue coverage without facing excessive punitive fines; (2) whether Congress has authority under the Taxing and Spending Clause to impose excessive punitive fines on employers enforced by the Departments of Treasury and Labor for failing or refusing to buy or provide government defined health insurance at a rate the government defines as affordable with no option to discontinue coverage without facing excessive punitive fines; (3) whether the Employer Mandate and its implementing regulations violate the Federal Religious Freedom Restoration Act and the First Amendment Free Exercise of Religion Clause by forcing religious employers to buy or provide contraceptives and abortion-inducing drugs and devices to their employees despite their sincerely-held religious beliefs that prevent them from doing so; (4) whether the Individual Mandate violates the Federal Religious Freedom Restoration Act and the First Amendment Free Exercise of Religion Clause by forcing certain individuals to make a monthly payment that directly funds abortion contrary to their sincerely-held religious beliefs that prevent them from doing so; and (5) whether the Fourth Circuit erred when it refused to review the Employer Mandate and its implementing regulations as they existed at the time of the Circuit Court’s review, which included regulatory definitions of preventive care services that Congress determined had to be provided as part of minimum essential health insurance coverage, which include, inter alia, that employers must buy or provide contraceptives and abortion-inducing drugs and devices to their employees.
On Monday at 9:30 a.m. we expect orders from the February 27 Conference. The Court has not announced its plans for next week regarding the release of opinions, if any. At this time of the Term, however, it would be unusual if there were none. This is the second week of the February sitting.
King v. Burwell Availability of federal tax subsidies to individuals who purchase health insurance on an exchange operated by the federal government
“I think always the humor was a means to an end. And the end is, to help folks who don’t live in this world understand why it matters.” Dahlia Lithwick covers the Supreme Court and writes about law more broadly for Slate.com. In this six-part interview, Ms. Lithwick discusses law school, practicing law, and how […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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