Burwell v. Dordt Coll.

Background

This dispute is between the Federal Government and parties who object to a rule that requires health plans to cover contraceptives. The respondents told the Government they meet the requirements for a religious exemption to the contraceptive coverage rule. The litigation reached the Eighth Circuit, and the Supreme Court agreed to review the case. The order references earlier related cases, including Wheaton College v. Burwell, showing this dispute fits in a broader litigation over contraceptive coverage and religious objections.

Reasoning

The Court granted review, vacated the lower-court judgment, and sent the case back to the appeals court for further consideration in light of Zubik v. Burwell. The opinion says nothing in Zubik or the lower courts’ opinions should prevent the Government from making sure women covered by respondents’ plans obtain, without cost, the full range of FDA-approved contraceptives. The Court also explained that the Government may rely on respondents’ notice that they claim an exemption and that reliance may help the Government facilitate full contraceptive coverage. Because the Government may rely on this notice, it may not impose taxes or penalties on respondents for failing to provide the relevant notice.

Real world impact

This decision affects women covered by the health plans at issue because the Government may continue steps to provide no-cost contraceptive coverage to them. It also protects respondents from taxes or penalties when the Government relies on their notice of a religious exemption. The case has been sent back to the appeals court to be reconsidered under Zubik, so the final merits outcome is still open and not resolved by this order.

Dissents or concurrances

Justice Sotomayor, joined by Justice Ginsburg, agreed with granting, vacating, and remanding for the reasons explained in Zubik.