Catholic Health Care Sys. v. Burwell

Background

Religious organizations brought a challenge related to a federal rule about contraceptive coverage and told the Government they meet the requirements for a religious exemption. Lower courts and prior related opinions are part of the record, and the dispute concerns how the Government must ensure contraceptive access for women covered by those organizations’ health plans.

Reasoning

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

Real world impact

As a practical matter, the ruling lets the Government proceed to secure cost-free contraceptive coverage for women covered by the challengers’ plans while the appeals court reconsiders the case. It also protects those religious challengers from taxes or penalties tied to not filing the specific notice. This order is a procedural disposition tied to Zubik and sends the matter back for further proceedings, so the outcome is not a final decision on the underlying merits.

Dissents or concurrances

Justice Sotomayor, joined by Justice Ginsburg, issued a concurrence agreeing with the grant, vacatur, and remand for the reasons given in Zubik.