Conference v. Burwell

Background

Religious organizations and institutions objected to a government rule about contraceptive coverage and told the Government they meet the requirements for a religious exemption. A federal appeals court had ruled one way, and the matter reached the Supreme Court, which agreed to review it. The Court instead granted review, vacated the judgment, and sent the case back to the Sixth Circuit in light of the Court’s decision in Zubik v. Burwell.

Reasoning

The core question was whether the Government can require objecting organizations to provide a particular notice and can punish them if they do not. Relying on Zubik, the Court instructed the lower court to reconsider and clarified that neither Zubik nor the lower courts’ orders prevent the Government from making sure women covered by the organizations’ health plans obtain, without cost, the full range of FDA-approved contraceptives. The Court also explained that because the Government can rely on the organizations’ notice, it may not impose taxes or penalties on those organizations for failing to provide the relevant notice.

Real world impact

For now, religious objectors will not face taxes or penalties for failing to provide the specified notice, and the Government remains responsible for ensuring no-cost contraceptive coverage for women on those health plans. The decision is not a final ruling on the merits; the appeals court must reconsider the case under Zubik, so outcomes could change on further review.

Dissents or concurrances

Justice Sotomayor, joined by Justice Ginsburg, agreed with the decision to grant, vacate, and send the case back, citing the reasons given in Zubik.