Zubik v. Burwell

Consolidated with:

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-1418	3d Cir.	Mar 23, 0016	May 16, 2016	n/a	Per Curiam	OT 2015

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.

SCOTUSblog Coverage

Symposium: Zubik and the demands of justice (Micah Schwartzman, Richard Schragger and Nelson Tebbe, May 17, 2016)
Symposium: Workers remain at risk post-Zubik v. Burwell (Leslie Griffin, May 17, 2016)
Symposium: The future of accommodation (Richard Garnett, May 17, 2016)
Symposium: Punting on substantial religious burden, the Supreme Court provides no guidance for future RFRA challenges to anti-discrimination laws (Caroline Mala Corbin, May 17, 2016)
Symposium: The return of Chief Justice Roberts (Erin Morrow Hawley, May 16, 2016)
Symposium: Into the weeds (Chad Flanders, May 16, 2016)
A "view" from the Courtroom: Something we can live with (Mark Walsh, May 16, 2016)
Opinion analysis: A compromise, with real impact, on birth control (Lyle Denniston, May 16, 2016)
Still a gap on Court's birth-control idea (Lyle Denniston, April 20, 2016)
SCOTUS for law students: The Supreme Court's contraceptive-mandate cases (Stephen Wermiel, April 15, 2016)
Dueling responses to the Court's ACA birth-control idea (Lyle Denniston, April 13, 2016)
Religious non-profits fully endorse Court's birth-control access idea (Lyle Denniston, April 13, 2016)
U.S. would accept modest change on birth-control mandate -- warily (Lyle Denniston, April 12, 2016)
Court seeks new way to decide birth-control cases (Lyle Denniston, March 29, 2016)
A "view" from the Courtroom: Sister Act (Mark Walsh, March 23, 2016)
Argument analysis: On new health care case, a single word may tell it all (Lyle Denniston, March 23, 2016)
Argument preview: Historic fight over religion and birth control (UPDATED) (Lyle Denniston, March 16, 2016)
Symposium: Integrity, mission, and the Little Sisters of the Poor (Richard Garnett, December 17, 2015)
Symposium: Women's compelling need for contraception – met by insurers, not objecting employers (Marcia Greenberger, December 17, 2015)
Symposium: The missing interest in the contraceptive mandate cases -- Catholic women (Leslie Griffin, December 16, 2015)
Symposium: Administrative law lessons from King v. Burwell (Erin Morrow Hawley, December 15, 2015)
Symposium: Religious opt-outs or religious vetoes? (Ira Lupu and Robert Tuttle, December 15, 2015)
Symposium: Contraceptive mandate cases – why the Supreme Court will instruct lower federal courts to stop second-guessing religious beliefs (John Bursch, December 14, 2015)
Symposium: Adjudicating "substantial" burdens (Frederick Gedicks, December 14, 2015)
The legal fate of Obamacare: Round 4 (Lyle Denniston, December 11, 2015)
Briefing schedule set for birth control cases (Lyle Denniston, November 17, 2015)
Court to hear birth-control challenges (UPDATED) (Lyle Denniston, November 6, 2015)
The ACA birth-control controversy, made simple (Lyle Denniston, July 15, 2015)

Date	Proceedings and Orders (key to color coding)
04/15/2015	Application (14A1065) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Alito.
04/15/2015	UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the mandate of the United States Court of Appeals for the Third Circuit, case Nos. 14-1376 & 14-1377, issued April 15, 2015, is hereby recalled and stayed pending receipt of a response, due on or before April 20, 2015, and further order of the undersigned or of the Court.
04/20/2015	Response to application from respondent Sylvia Burwell, Secretary of Health and Human Services, et al. filed.
04/21/2015	Reply of applicant David A. Zubik, et al. filed.
05/21/2015	Letter dated May 21, 2015, from counsel for respondent received.
05/29/2015	Petition for a writ of certiorari filed. (Response due July 2, 2015)
06/23/2015	Letter dated June 23, 2015, from counsel for respondent received.
06/29/2015	Application (14A1065) referred to the Court.
06/29/2015	The application for an order recalling and staying the issuance of the mandate of the Court of Appeals pending the filing and disposition of a petition for a writ of certiorari, having been submitted to Justice Alito and by him referred to the Court, the application as presented is denied. The Court furthermore orders: If the applicants ensure that the Secretary of Health and Human Services is in possession of all information necessary to verify applicants
06/30/2015	Order extending time to file response to petition to and including August 3, 2015.
07/29/2015	Order further extending time to file response to petition to and including August 20, 2015.
08/20/2015	Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. in opposition filed. VIDED.
08/25/2015	Letter and attached Opinion of the United States Court of Appeals for the Sixth Circuit received from counsel for the respondent. VIDED.
09/08/2015	Reply of petitioners David A. Zubik, et al. filed.
09/18/2015	Supplemental brief of petitioners David A. Zubik, et al. filed.
10/01/2015	Letter dated September 30, 2015, received from counsel for the respondent. VIDED.
10/14/2015	DISTRIBUTED for Conference of October 30, 2015.
11/02/2015	DISTRIBUTED for Conference of November 6, 2015.
11/06/2015	Petition GRANTED limited to Question 1 presented by the petition. The motion of Association of American Physicians & Surgeons, et al. for leave to file a brief as amici curiae and the petition for a writ of certiorari in No. 14-1453 are granted. The petitions for writs of certiorari in Nos. 14-1505, 15-35, 15-119 and 15-191 are granted. The petition for a writ of certiorari in No. 15-105 is granted limited to Questions 1 and 2 presented by the petition. The cases are consolidated. .
11/06/2015	Letter from The Clerk to counsel for the parties requesting a joint briefing proposal by 1 p.m., Monday, November 16, 2015. VIDED
11/16/2015	Briefing proposal of the parties received. VIDED
11/17/2015	The briefing proposal set forth in the parties
12/07/2015	Joint motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.
12/14/2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents. VIDED
12/15/2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received, on behalf of all petitioners, in these consolidated cases. VIDED
01/04/2016	Joint appendix filed. ( 3 Volumes) (Statement of costs filed) VIDED.
01/04/2016	Brief of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED.
01/04/2016	Brief of Petitioners in Nos.14-1418, 14-1453 & 14-1505 filed. VIDED.
01/05/2016	Brief amici curiae of Orthodox Jewish Rabbis filed. VIDED.
01/08/2016	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED.
01/08/2016	Brief amici curiae of CNS International Ministries, Inc. and Heartland Christian College filed. VIDED.
01/08/2016	Brief amicus curiae of the Breast Cancer Prevention Institute filed. VIDED.
01/10/2016	Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed. VIDED.
01/11/2016	Brief amicus curiae of The School of the Ozarks, Inc. d/b/a College of the Ozarks filed. VIDED.
01/11/2016	Brief amicus curiae of Justice and Freedom Fund filed. VIDED.
01/11/2016	Brief amicus curiae of Ethics and Public Policy Center filed. VIDED.
01/11/2016	Brief amici curiae of Texas, et al. filed. VIDED.
01/11/2016	Brief amici curiae of Southern Baptist Theological Seminary, et al. filed. VIDED.
01/11/2016	Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
01/11/2016	Brief amici curiae of Church of the Lukumi Babalu Aye, Inc., et al. filed. VIDED.
01/11/2016	Brief amici curiae of Christian and Missionary Alliance Foundation, Inc., et al. filed. VIDED.
01/11/2016	Brief amici curiae of 207 Members of Congress filed. VIDED.
01/11/2016	Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA) filed. VIDED.
01/11/2016	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. VIDED.
01/11/2016	Brief amici curiae of Former Justice Department Officials filed. VIDED.
01/11/2016	Brief amici curiae of Cato Institute and Independent Women's Forum filed. VIDED.
01/11/2016	Brief amici curiae of National Association of Evangelicals, et al. filed. VIDED.
01/11/2016	Brief amici curiae of 50 Catholic Theologians and Ethicists filed. VIDED.
01/11/2016	Brief amici curiae of Association of American Physicians & Surgeons, et al. filed. VIDED.
01/11/2016	Brief amici curiae of Constitutional Law Scholars filed. VIDED.
01/11/2016	Brief amicus curiae of Women Speak for Themselves filed. VIDED.
01/11/2016	Brief amicus curiae of Liberty Counsel filed. VIDED.
01/11/2016	Brief amicus curiae of Council for Christian Colleges and Universities filed. VIDED.
01/11/2016	Brief amicus curiae of The Knights of Columbus filed. VIDED.
01/11/2016	Brief amici curiae of Bart Stupak, et al. filed. VIDED.
01/11/2016	Brief amici curiae of Dominican Sisters of Mary, Mother of the Eucharist, et al. filed. VIDED.
01/11/2016	Brief amicus curiae of Thomas More Law Center filed. VIDED.
01/11/2016	Brief amici curiae of ACNA Jurisdiction of the Armed Forces and Chaplaincy, et al. filed. VIDED.
01/11/2016	Brief amicus curiae of Eternal Word Television Network filed. VIDED.
01/11/2016	Brief amicus curiae of David Boyle filed. VIDED.
01/11/2016	Brief amici curiae of Thirteen Law Professors filed. VIDED.
01/11/2016	Brief amicus curiae of International Conference of Evangelical Chaplain Endorsers filed. VIDED.
01/11/2016	Brief amicus curiae of Concerned Women for America filed. VIDED.
01/11/2016	Brief amicus curiae of Michael J. New, Ph.D., Associate Scholar at the Charlotte Lozier Institute filed. VIDED.
01/11/2016	Brief amicus curiae of American Center for Law and Justice filed. VIDED.
01/11/2016	Brief amici curiae of U.S. Justice Foundation, et al. filed. VIDED.
01/11/2016	Brief amici curiae of Carmelite Sisters of the Most Sacred Heart of Los Angeles, et al. filed. VIDED.
01/11/2016	Brief amici curiae of The Catholic Benefits Association, et al. filed. VIDED.
01/11/2016	Brief amici curiae of Religious Institutions filed. VIDED.
01/15/2016	Joint motion for divided argument and enlargement of time for oral argument GRANTED. VIDED
01/29/2016	SET FOR ARGUMENT ON Wednesday, March 23, 2016. VIDED
02/08/2016	Record requested from U.S.C.A. 3rd Circuit.
02/10/2016	CIRCULATED.
02/10/2016	Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed)
02/10/2016	Brief amicus curiae of American Humanist Association filed. VIDED. (Distributed)
02/12/2016	Brief amici curiae of Harvard Law School Center for Health Law and Policy Innovation, et al. filed. VIDED. (Distributed)
02/16/2016	Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED. (Distributed)
02/16/2016	Brief amici curiae of Church-State Scholars filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of The Ovarian Cancer Research Fund Alliance, et al. (2 Volumes) filed. VIDED. (Distributed)
02/17/2016	Brief amicus curiae of Baptist Joint Committee for Religious Liberty filed. VIDED. (Distributed)
02/17/2016	Brief amicus curiae of Compassion & Choices filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of National Women's Law Center and 68 Other Organizations filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of Norman Dorsen, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of American Jewish Committee, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of National Latina Institute for Reproductive Health, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of Catholics for Choice, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of Former State Attorneys General, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of Foreign and International Law Experts Lawrence O. Gostin, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of 240 Students, Faculty, and Staff at Religiously Affiliated Universities filed. VIDED. (Distributed)
02/17/2016	Brief amicus curiae of American Academy of Pediatrics filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of Scholars of Religious Liberty Sarah Barringer Gordon, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of Health Policy Experts filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of Anti-Defamation League, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amicus curiae of Black Women's Health Imperative filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of Guttmacher Institute, and Professor Sara Rosenbaum filed. VIDED.(Distributed)
02/17/2016	Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of 123 Members of the United States Congress filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of Military Historians filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of The National Health Law Program, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of California, et al. filed. VIDED. (Distributed)
02/17/2016	Brief amicus curiae of Honorable Robert C. "Bobby" Scott filed. VIDED. (Distributed)
02/17/2016	Brief amici curiae of The Center for Inquiry, and American Atheists filed. VIDED. (Distributed)
02/19/2016	Record received from U.S.C.A. 3rd Circuit is electronic.
03/04/2016	Letter from counsel for the respondents with copy of C. A. 11th Circuit opinion attached. (Distributed) VIDED.
03/11/2016	Reply of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED. (Distributed)
03/11/2016	Reply of Petitioners in Nos. 14-1418, 14-1453 & 14-1505 filed. VIDED. (Distributed)
03/23/2016	Argued. For petitioners in Nos. 15-35, 15-105, 15-119 & 15-191: Paul D. Clement, Washington, D. C. For petitioners in Nos. 14-1418, 14-1453, & 14-1505: Noel Francisco, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. VIDED.
03/29/2016	The parties are directed to file supplemental briefs that address whether and how contraceptive coverage may be obtained by petitioners
03/29/2016	Petitioners would have no legal obligation to provide such contraceptive coverage, would not pay for such coverage, and would not be required to submit any separate notice to their insurer, to the Federal Government, or to their employees. At the same time, petitioners
04/12/2016	Supplemental brief of petitioners filed. VIDED. (Distributed)
04/12/2016	Supplemental brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed)
04/20/2016	Supplemental reply brief of petitioners filed. VIDED. (Distributed)
04/20/2016	Supplemental reply brief of respondents filed. VIDED. (Distributed)
05/16/2016	Judgment VACATED and case REMANDED. Opinion per curiam. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. VIDED.
06/17/2016	JUDGMENT ISSUED