Zubik v. Burwell

Consolidated with:

• Priests for Life v. Burwell
• Southern Nazarene University v. Burwell
• Geneva College v. Burwell
• Roman Catholic Archbishop of Washington v. Burwell
• East Texas Baptist University v. Burwell
• Little Sisters of the Poor Home for the Aged v. Burwell

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief by the Scholars of Religious Liberty, Sarah Barringer Gordon, et al., in support of the respondents in this case.

Holding: Because both the Obama administration and the religious non-profits, colleges, and schools challenging the accommodation offered to those who object to complying with the Affordable Care Act’s birth control mandate confirm that contraceptive coverage could be provided to the challengers’ female employees, through the challengers’ insurance companies, without any notice from the challengers, the decisions of the courts of appeals rejecting the challenge are vacated and remanded. Given the gravity of the dispute and the substantial clarification and refinement in the positions of the parties, the parties on remand should be afforded an opportunity to arrive at an approach going forward that accommodates the challengers’ religious exercise while at the same time ensuring that women covered by the challengers’ health plans receive full and equal health coverage, including contraceptive coverage.

Judgment: Vacated and remanded in a per curiam opinion on May 16, 2016. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined.