Zubik v. Burwell

Background

A group of mostly nonprofit employers that provide health insurance challenged federal rules requiring health plans to cover certain contraceptives unless an employer files a form with its insurer or the Government saying it objects on religious grounds. The employers say filing that notice burdens their religious exercise under the Religious Freedom Restoration Act. After oral argument, the Court asked whether insurers could provide contraceptive coverage without any notice from the employers, and both sides filed supplemental briefs addressing that question.

Reasoning

The Court focused on a practical question: can insurers give employees seamless, cost-free contraceptive coverage without any formal notice from religious employers? Both the employers and the Government confirmed such a notice-free option is feasible and described possible modifications to the procedures. Given those clarifications, the Court vacated the judgments of the Third, Fifth, Tenth, and D.C. Circuits and remanded the cases so the parties and lower courts can develop an approach that accommodates religious employers while ensuring employees receive contraceptive coverage. The Court expressly declined to decide the merits of the underlying religious-liberty claims.

Real world impact

The decision gives religious employers, insurers, and the Government time to design procedures to accommodate employers’ religious objections while preserving employee access to contraception. It affects nonprofit employers who object on religious grounds and the women covered by their plans. This is not a final determination on who ultimately prevails and could change after further proceedings in the lower courts.

Dissents or concurrances

Justice Sotomayor, joined by Justice Ginsburg, joined the per curiam opinion and emphasized that lower courts should not read the order as signaling a view on the merits; she also warned against requiring separate contraceptive-only policies that could impede access.