Tuesday, April 28, 2015

Supreme Court GVR's Another Non-Profit Contraceptive Mandate Challenge

The U.S. Supreme Court yesterday in Michigan Catholic Conference v. Burwell, (Docket No. 14-701) (Order List) granted certiorari, vacated the judgment below and remanded the case to the 6th Circuit for further consideration in light of Burwell v. Hobby Lobby Stores, Inc.  In the case, the 6th Circuit denied preliminary injunctions to several Catholic non-profit entities that object to the Affordable Care Act contraceptive coverage accommodation.  The accommodation allowed non-profits with religious objections to opt out of furnishing contraceptive coverage to their employees by completing a form and sending it to their insurer or third party administrator which would then furnish contraceptive coverage directly. (See prior posting.) Subsequently the accommodation for non-profits has been further modified to allow notice to be sent to the federal government rather than the insurer or administrator. (See prior posting.) The Court's GVR order in the case follows a similar one issued last month in Notre Dame University's challenge to the same regulations. (See prior posting.) Becket Fund issued a press release on the Court's action yesterday.