Priests for Life v. Burwell
Consolidated with Zubik v. Burwell (14-1418), Southern Nazarene University v. Burwell (15-119), Geneva College v. Burwell (15-191), Roman Catholic Archbishop of Washington v. Burwell (14-1505), East Texas Baptist University v. Burwell (15-35), Little Sisters of the Poor Home for the Aged v. Burwell (15-105)
Voten/a
OpinionMay 16, 2016
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, n/a on May 16, 2016. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined.
Jun 9, 2015Petition for a writ of certiorari filed. (Response due July 13, 2015)
Jul 10, 2015Order extending time to file response to petition to and including August 12, 2015.
Jul 13, 2015Motion for leave to file amici brief filed by Association of American Physicians & Surgeons, et al.
Aug 12, 2015Brief of respondents Department of Health and Human Services, et al. in opposition filed. VIDED.Aug 25, 2015Letter and attached Opinion of the United States Court of Appeals for the Sixth Circuit received from counsel for the respondents. VIDED.
Aug 25, 2015Reply of petitioners Priests for Life, et al. filed. (Distributed)Aug 26, 2015DISTRIBUTED for Conference of September 28, 2015.
Sep 14, 2015Rescheduled.
Sep 18, 2015Supplemental brief of petitioners Priests for Life, et al. filed. VIDED.Oct 1, 2015Letter dated September 30, 2015, received from counsel for the respondent. VIDED.
Oct 14, 2015DISTRIBUTED for Conference of October 30, 2015.
Nov 2, 2015DISTRIBUTED for Conference of November 6, 2015.
Nov 6, 2015Motion for leave to file amici brief filed by Association of American Physicians & Surgeons, et al. GRANTED.
Nov 6, 2015Petition GRANTED The petition for a writ of certiorari in No. 14-1418 is granted limited to Question 1 presented by the petition. 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.
Nov 6, 2015Letter from The Clerk to counsel for the parties requesting a joint briefing proposal by 1 p.m., Monday, November 16, 2015. VIDED
Nov 16, 2015Briefing proposal of the parties received. VIDED
Nov 17, 2015The briefing proposal set forth in the parties
Dec 7, 2015Joint motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.
Dec 14, 2015Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents. VIDED
Dec 15, 2015Consent 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
Jan 4, 2016Joint appendix filed. (3 Volumes) (Statement of costs filed) VIDED.
Jan 4, 2016Brief of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED.Jan 4, 2016Brief of Petitioners in Nos. 14-1418, 14-1453, & 14-1505 filed. VIDED.Jan 5, 2016Brief amici curiae of Orthodox Jewish Rabbis filed. VIDED.Jan 8, 2016Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED.Jan 8, 2016Brief amici curiae of CNS International Ministries, Inc. and Heartland Christian College filed. VIDED.Jan 8, 2016Brief amicus curiae of the Breast Cancer Prevention Institute filed. VIDED.Jan 10, 2016Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed. VIDED.Jan 11, 2016.Brief amicus curiae of The School of the Ozarks, Inc. d/b/a College of the Ozarks filed.Jan 11, 2016Brief amici curiae of Texas, et al. filed. VIDED.Jan 11, 2016Brief amici curiae of Southern Baptist Theological Seminary, et al. filed. VIDED.Jan 11, 2016Brief amici curiae of Christian Legal Society, et al. filed. VIDED.Jan 11, 2016Brief amici curiae of Church of the Lukumi Babalu Aye, Inc., et al. filed. VIDED.Jan 11, 2016Brief amici curiae of Christian and Missionary Aalliance Foundation, Inc., et al. filed. VIDED.Jan 11, 2016Brief amici curiae of 207 Members of Congress filed. VIDED.Jan 11, 2016Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA) filed. VIDED.Jan 11, 2016Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. VIDED.Jan 11, 2016Brief amici curiae of Former Justice Department Officials filed. VIDED.Jan 11, 2016Brief amicus curiae of Ethics and Public Policy Center filed. VIDED.Jan 11, 2016Brief amici curiae of The Cato Institute and Independent Women's Forum filed. VIDED.Jan 11, 2016Brief amici curiae of National Association of Evangelicals, et al. filed. VIDED.Jan 11, 2016Brief amici curiae of 50 Catholic Theologians and Ethicists filed. VIDED.Jan 11, 2016Brief amici curiae of Association of American Physicians & Surgeons, et al. filed. VIDED.Jan 11, 2016Brief amici curiae of Constitutional Law Scholars filed. VIDED.Jan 11, 2016Brief amicus curiae of Women Speak for Themselves filed. VIDED.Jan 11, 2016Brief amicus curiae of Liberty Counsel filed. VIDED.Jan 11, 2016Brief amicus curiae of Council for Christian Colleges and Universities filed. VIDED.Jan 11, 2016Brief amicus curiae of the Knights of Columbus filed. VIDED.Jan 11, 2016Brief amici curiae of Bart Stupak, et al. filed. VIDED.Jan 11, 2016Brief amici curiae of Dominican Sisters of Mary, Mother of the Eucharist, et al. filed. VIDED.Jan 11, 2016Brief amicus curiae of Thomas More Law Center filed. VIDED.Jan 11, 2016Brief amici curiae of ACNA Jurisdiction of the Armed Forces and Chaplaincy, et al. filed. VIDED.Jan 11, 2016Brief amicus curiae of David Boyle filed. VIDED.Jan 11, 2016Brief amicus curiae of Eternal Word Television Network filed. VIDED.Jan 11, 2016Brief amicus curiae of Justice and Freedom Fund filed. VIDED.Jan 11, 2016Brief amici curiae of Thirteen Law Professors filed. VIDED.Jan 11, 2016Brief amicus curiae of International Conference of Evangelical Chaplain Endorsers filed. VIDED.Jan 11, 2016Brief amicus curiae of Concerned Women for America filed. VIDED.Jan 11, 2016Brief amicus curiae of Michael J. New, Ph.D., Associate Scholar at the Charlotte Lozier Institute filed. VIDED.Jan 11, 2016Brief amicus curiae of American Center for Law and Justice filed. VIDED.Jan 11, 2016Brief amici curiae of U.S. Justice Foundation, et al. filed. VIDED.Jan 11, 2016Brief amici curiae of Carmelite Sisters of the Most Scared Heart of Los Angeles, et al. filed. VIDED.Jan 11, 2016Brief amici curiae of The Catholic Benefits Association, et al. filed. VIDED.Jan 11, 2016Brief amici curiae of Religious Institutions filed. VIDED.Jan 15, 2016Joint motion for divided argument and enlargement of time for oral argument GRANTED. VIDED
Jan 29, 2016SET FOR ARGUMENT ON Wednesday, March 23, 2016. VIDED
Feb 8, 2016Record requested from U.S.C.A. D.C. Circuit.
Feb 10, 2016CIRCULATED.
Feb 10, 2016Brief of respondents Department of Health and Human Services, et al. filed. VIDED. (Distributed)Feb 10, 2016Brief amicus curiae of American Humanist Association filed. VIDED. (Distributed)Feb 12, 2016Brief amici curiae of Harvard Law School Center for Health Law and Policy Innovation, et al. filed. VIDED. (Distributed)Feb 12, 2016Record received from U.S.D.C. for the District of Columbia is electronic and located on PACER.
Feb 16, 2016Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED. (Distributed)Feb 16, 2016Record received from U.S.C.A. District of Columbia Circuit is electronic and also located on PACER.
Feb 16, 2016Brief amici curiae of Church-State Scholars filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of The Ovarian Cancer Research Fund Alliance, et al. filed. (2 Volumes) VIDED. (Distributed)Feb 17, 2016Brief amicus curiae of Compassion & Choices filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of National Women's Law Center and 68 Other Organizations filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of Norman Dorsen, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amicus curiae of Baptist Joint Committee for Religious Liberty filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of American Jewish Committee, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of National Latina Institute for Reproductive Health, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of Catholics for Choice, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of Former State Attorneys General, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of Foreign and International Law Experts Lawrence O. Gostin, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of 240 Students, Faculty, and Staff at Religiously Affiliated Universities filed. VIDED. (Distributed)Feb 17, 2016Brief amicus curiae of American Academy of Pediatrics filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of Scholars of Religious Liberty Sarah Barringer Gordon, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of Health Policy Experts filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of Anti-Defamation League, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amicus curiae of Black Women's Health Imperative filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of The Guttmacher Institute, and Professor Sara Rosenbaum filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of 123 Members of the United States Congress filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of Military Historians filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of The National Health Law Program, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of California, et al. filed. VIDED. (Distributed)Feb 17, 2016Brief amicus curiae of Honorable Robert C. "Bobby" Scott filed. VIDED. (Distributed)Feb 17, 2016Brief amici curiae of The Center for Inquiry, and American Atheists filed. VIDED. (Distributed)Mar 4, 2016Letter from counsel for the respondents with copy of C. A. 11th Circuit opinion attached. (Distributed) VIDED.
Mar 11, 2016Reply of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED. (Distributed)Mar 11, 2016Reply of Petitioners in Nos. 14-1418, 14-1453 & 14-1505 filed. VIDED. (Distributed)Mar 23, 2016Argued. 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.
Mar 29, 2016 The parties are directed to file supplemental briefs that address whether and how contraceptive coverage may be obtained by petitioners
Mar 29, 2016Petitioners 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
Apr 12, 2016Supplemental brief of petitioners filed. VIDED. (Distributed)Apr 12, 2016Supplemental brief of respondents filed. VIDED. (Distributed)
Apr 20, 2016Supplemental reply brief of petitioners filed. VIDED. (Distributed)Apr 20, 2016Supplemental reply brief of respondents filed. VIDED. (Distributed)
May 16, 2016Judgment VACATED and case REMANDED. Opinion per curiam. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. VIDED.
Jun 17, 2016JUDGMENT ISSUED
Recommended Citation: Priests for Life v. Burwell, SCOTUSblog, https://www.scotusblog.com/cases/priests-for-life-v-burwell/