Zubik v. Burwell
Headline: Court denies request to halt the mandate but temporarily blocks enforcement of contraceptive coverage rules against organizations that provide required eligibility information while review proceeds.
Holding: If organizations provide HHS with all information needed to verify eligibility under specified regulations, the Court temporarily bars enforcement of the challenged ACA contraceptive provisions against those organizations while their petition is decided.
- Temporarily prevents enforcement of ACA contraceptive rules against organizations that provide required eligibility information.
- Employees keep no-cost access to FDA-approved contraceptives.
- Government may use applicants' information to arrange coverage during the review.
Summary
Background
A group of organizations sought an order to recall and stay the mandate tied to parts of the Affordable Care Act while they filed and waited for a petition asking the Court to review the case. The application was submitted to Justice Alito, referred to the full Court, and then denied as presented. The Court nonetheless issued a conditional order tied to the applicants’ provision of information for federal review under specific federal regulations.
Reasoning
The Court addressed whether to stop enforcement of the challenged contraceptive coverage provisions while the applicants pursue review. Rather than grant the original request in full, the Court said that if the applicants make sure the Secretary of Health and Human Services has all information needed to verify their eligibility under the listed federal regulations, then government actors are temporarily barred from enforcing the challenged ACA provisions and related rules against those applicants. The order also clarifies that the Government may use the information provided by applicants to help arrange full contraceptive coverage.
Real world impact
Practically, eligible organizations that supply the required verification information get temporary protection from enforcement of the contested ACA contraceptive rules while their petition is decided. The order explicitly preserves employees’ ability to obtain, without cost, the full range of FDA-approved contraceptives. The Court emphasized this is an interim measure and said the order does not express a view on the case’s ultimate merits. The opinion cites Wheaton College v. Burwell as precedent referenced in its interim approach.
Dissents or concurrances
Justice Sotomayor stated she would deny the application, indicating she would not have granted the conditional injunction described above.
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