Tip Tuesday – Supreme Court: Zubik v. Burwell

On March 23, 2016, the Supreme Court heard oral arguments in Zubik v. Burwell, a group of cases in which religious nonprofits are challenging a government-designed workaround to the Affordable Care Act (ACA) requirement that employers cover birth control for their employees.

As a result of the oral arguments, the Supreme Court ordered the parties to file supplemental briefs for the Supreme Court to review. The Supreme Court’s order is in response to the religious organizations’ argument that the contraceptive coverage mandate violates the Religious Freedom Restoration Act (RFRA). The argument is based on the organizations’ position that the accommodations approach requires them to facilitate providing contraceptive coverage, which violates their beliefs.

The Supreme Court hopes to receive additional suggestions from the parties through the supplemental briefs. It will be interesting to see how this plays out.

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