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U.S. Supreme Court Rules in Zubik v. Burwell

Romeoville, Ill., May 18, 2016 - On Monday, May 16, 2016, the United States Supreme Court handed down a ruling in Zubik v. Burwell regarding the contraception mandate.  In a unanimous decision, the Court vacated the lower courts' judgments and remanded the consolidated cases back to their respective United States Courts of Appeals.


The Court ruled that:


In light of the positions asserted by the parties in their supplemental briefs, the Court vacates the judgments below and remands to the respective United States Courts of Appeals for the Third, Fifth, Tenth, and D. C. Circuits. . . . [T]he parties on remand should be afforded an opportunity to arrive at an approach going forward that accommodates petitioners' religious exercise while at the same time ensuring that women covered by petitioners' health plans "receive full and equal health coverage, including contraceptive coverage."  We anticipate that the Courts of Appeals will allow the parties sufficient time to resolve any outstanding issues between them.


Our initial litigation, known publicly as Little Sisters of the Poor Home for the Aged v. Burwell, was originally filed in the federal District Court in Denver, Colorado, in October 2013. Over the course of the last two and a half years, this case ended up before the U.S. Supreme Court as one of seven different cases consolidated to form Zubik v. Burwell.  The Supreme Court heard oral arguments in the case on March 23, 2016.