Univ. of Dall. v. Burwell

Background

A group identified as the petitioners told the Government they believe they qualify for an exemption from a rule requiring contraceptive coverage on religious grounds. Lower courts issued opinions and orders in the dispute, and the matter reached the Supreme Court to resolve what should happen next.

Reasoning

The Court granted review, vacated the lower-court judgment, and remanded the case to the appeals court in light of its decision in Zubik v. Burwell. The opinion explains that nothing in Zubik or the lower courts’ orders prevents the Government from making sure women covered by the petitioners’ health plans obtain the full range of FDA-approved contraceptives without cost. The Court also said the petitioners have given the Government notice that they claim a religious exemption, and the Government may rely on that notice to facilitate contraceptive coverage.

Real world impact

Because the Government may rely on the petitioners’ notice, it may not impose taxes or penalties on the petitioners for failing to provide a particular notice. Women covered by the petitioners’ health plans remain able to receive no-cost contraceptives through whatever steps the Government takes. This decision is not a final resolution on the merits; it sends the case back for further proceedings under the guidance of Zubik, so outcomes could change on further review.

Dissents or concurrances

Justice Sotomayor, joined by Justice Ginsburg, wrote a separate opinion concurring in the decision to grant, vacate, and remand for the reasons expressed in Zubik.