May 16, 2016–The Supreme Court of the United States released a much anticipated ruling today regarding contraceptives and health benefits that sends back to the lower court multiple cases that grapple with the birth control question posed by the implementation of Federal regulations.
Key Legal Issue
Should federal regulations be allowed to require the petitioners in this case “to submit a form either to their insurer or to the Federal Government, stating that they object on religious grounds to providing contraceptive coverage?” [Zubik v. Burwell, U.S. Supreme Court, 578 U.S. ___(2016) Slip Opinion Per Curiam]
The case stems from the federal regulations that “require petitioners to cover certain contraceptives as part of their health plans,” unless a form is submitted requesting an exclusion from the requirement. [Zubik v. Burwell, U.S. Supreme Court, 578 U.S. ___(2016) Slip Opinion Per Curiam] The Per Curiam indicates that the Government is willing to work with Petitioners in eliminating the need for Petitioners to file the form and instead that a new option can be considered so that “contraceptive coverage could be provided to petitioners’ employees, through petitioners’ insurance companies, without any such notice from petitioners.” [Zubik v. Burwell, U.S. Supreme Court, 578 U.S. ___(2016) Slip Opinion Per Curiam]
The Supreme Court has essentially been able to put off issuing an opinion on the larger issue at hand for the time being. “The parties on remand should be afforded an opportunity to arrive at an approach going forward that accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans ‘ receive full and equal health coverage, including contraceptive coverage.” [Zubik v. Burwell, U.S. Supreme Court, 578 U.S. ___(2016) Slip Opinion Per Curiam]
In summary, the Court went on record expressing “no view on the merits of the cases.” [Zubik v. Burwell, U.S. Supreme Court, 578 U.S. ___(2016) Slip Opinion Per Curiam]
The David A. Zubik, ET AL., v. Sylvia Burwell, Secretary of health and Human Services, ET AL., case combines multiple cases including;
1. Priests for Life, ET AL., v. Department of Health and Human Services, ET AL.,
2. Roman Catholic Archbishop of Washington ET ALl, v. Sylvia Burwell, Secretary of Health and Human Serivces, ET AL.,
3. East Texas Baptist University, ET AL., v. Sylvia Burwell, Secretary of Health and Human Services, ET AL.,
4. Little Sisters of the Poor Home for the Aged, Denver, Colorado ET AL., v. Sylvia Burwell, Secretary of health and Human Services, ET AL
5. Southern Nazarene University, ET AL., v Sylvia Burwell, Secretary of Haelth and Human Services, ET AL.;
6. Geneva College v. Sylvia Burwell, Secretary of Haelth and Human Services, ET AL.
SOURCE: Zubik v. Burwell, U.S. Supreme Court, 578 U.S. ___(2016) Slip Opinion. Retrieved from http://www.supremecourt.gov/opinions/15pdf/14-1418_8758.pdf
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