Southern Nazarene University v. Burwell
Consolidated with:
- Zubik v. Burwell
- Priests for Life v. Burwell
- Geneva College v. Burwell
- Roman Catholic Archbishop of Washington v. Burwell
- East Texas Baptist University v. Burwell
- Little Sisters of the Poor Home for the Aged v. Burwell
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-119 | 10th Cir. | Mar 23, 2016 | May 16, 2016 | 8-0 | Per Curiam | OT 2015 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief by the Scholars of Religious Liberty, Sarah Barringer Gordon, et al., in support of the respondents in this case.
Holding: Because both the Obama administration and the religious non-profits, colleges, and schools challenging the accommodation offered to those who object to complying with the Affordable Care Act’s birth control mandate confirm that contraceptive coverage could be provided to the challengers’ female employees, through the challengers’ insurance companies, without any notice from the challengers, the decisions of the courts of appeals rejecting the challenge are vacated and remanded. Given the gravity of the dispute and the substantial clarification and refinement in the positions of the parties, the parties on remand should be afforded an opportunity to arrive at an approach going forward that accommodates the challengers’ religious exercise while at the same time ensuring that women covered by the challengers’ health plans receive full and equal health coverage, including contraceptive coverage.
Judgment: Vacated and remanded in a per curiam opinion on May 16, 2016. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined.
SCOTUSblog Coverage
- Symposium: The future of accommodation (Richard Garnett, May 17, 2016)
- Symposium: Punting on substantial religious burden, the Supreme Court provides no guidance for future RFRA challenges to anti-discrimination laws (Caroline Mala Corbin, May 17, 2016)
- Symposium: Workers remain at risk post-Zubik v. Burwell (Leslie Griffin, May 17, 2016)
- Symposium: Zubik and the demands of justice (Micah Schwartzman, Richard Schragger and Nelson Tebbe, May 16, 2016)
- Symposium: The return of Chief Justice Roberts (Erin Morrow Hawley, May 16, 2016)
- Symposium: Into the weeds (Chad Flanders, May 16, 2016)
- A “view” from the Courtroom: Something we can live with (Mark Walsh, May 16, 2016)
- Opinion analysis: A compromise, with real impact, on birth control (Lyle Denniston, May 16, 2016)
- Still a gap on Court's birth-control idea (Lyle Denniston, April 20, 2016)
- SCOTUS for law students: The Supreme Court’s contraceptive-mandate cases (Stephen Wermiel, April 15, 2016)
- Dueling responses to the Court's ACA birth-control idea (Lyle Denniston, April 12, 2016)
- Religious non-profits fully endorse Court's birth-control access idea (Lyle Denniston, April 12, 2016)
- U.S. would accept modest change on birth-control mandate -- warily (Lyle Denniston, April 12, 2016)
- Court seeks new way to decide birth-control cases (Lyle Denniston, March 29, 2016)
- A "view" from the Courtroom: Sister Act (Mark Walsh, March 23, 2016)
- Argument analysis: On new health care case, a single word may tell it all (Lyle Denniston, March 23, 2016)
- Argument preview: Historic fight over religion and birth control (UPDATED) (Lyle Denniston, March 16, 2016)
- Symposium: Integrity, mission, and the Little Sisters of the Poor (Richard Garnett, December 17, 2015)
- Symposium: Women’s compelling need for contraception – met by insurers, not objecting employers (Marcia Greenberger, December 17, 2015)
- Symposium: The missing interest in the contraceptive mandate cases -- Catholic women (Leslie Griffin, December 16, 2015)
- Symposium: Administrative law lessons from King v. Burwell (Erin Morrow Hawley, December 15, 2015)
- Symposium: Religious opt-outs or religious vetoes? (Ira Lupu and Robert Tuttle, December 15, 2015)
- Symposium: Contraceptive mandate cases – why the Supreme Court will instruct lower federal courts to stop second-guessing religious beliefs (John Bursch, December 14, 2015)
- Symposium: Adjudicating “substantial” burdens (Frederick Gedicks, December 14, 2015)
- The legal fate of Obamacare: Round 4 (Lyle Denniston, December 11, 2015)
- Briefing schedule set for birth control cases (Lyle Denniston, November 17, 2015)
- Court to hear birth-control challenges (UPDATED) (Lyle Denniston, November 6, 2015)
| Date | Proceedings and Orders |
|---|---|
| Jul 24 2015 | Petition for a writ of certiorari filed. (Response due August 26, 2015) |
| Aug 13 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Aug 18 2015 | Order extending time to file response to petition to and including September 25, 2015. |
| Aug 18 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner Southern Nazarene University, et al. |
| Aug 26 2015 | Brief amicus curiae of The Council for Christian Colleges & Universities filed. |
| Sep 21 2015 | Order further extending time to file response to petition to and including September 30, 2015. |
| Sep 30 2015 | Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED. |
| Oct 13 2015 | Reply of petitioners Southern Nazarene University, et al. filed. (Distributed) |
| Oct 14 2015 | DISTRIBUTED for Conference of October 30, 2015. |
| Nov 2 2015 | DISTRIBUTED for Conference of November 6, 2015. |
| Nov 6 2015 | Petition GRANTED The petition for a writ of certiorari in No. 14-1418 is granted limited to Question 1 presented by the petition. The motion of Association of American Physicians & Surgeons, et al. for leave to file a brief as amici curiae and the petition for a writ of certiorari in No. 14-1453 are granted. The petitions for writs of certiorari in Nos. 14-1505 and 15-35 are granted. The petition for a writ of certiorari in No. 15-105 is granted limited to Questions 1 and 2 presented by the petition. The cases are consolidated. |
| Nov 6 2015 | Letter from The Clerk to counsel for the parties requesting a joint briefing proposal by 1 p.m., Monday, November 16, 2015. VIDED |
| Nov 17 2015 | The briefing proposal set forth in the parties letter of November 16, 2015, is adopted. Petitioners in Nos. 14-1418, 14-1453, and 14-1505 will file one consolidated opening brief and one reply brief. Petitioners in Nos. 15-35, 15-105, 15-119, and 15-191 will file one consolidated opening brief and one reply brief. Petitioners opening briefs, not to exceed 20,000 words each, are to be filed on or before January 4, 2016. Respondents will file one consolidated brief, not to exceed 22,500 words, on or before February 10, 2016. Petitioners reply briefs, not to exceed 8,000 words each, are to be filed on or before March 11, 2016. VIDED |
| Dec 7 2015 | Joint motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED. |
| Dec 14 2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents. VIDED |
| Dec 15 2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received, on behalf of all petitioners, in these consolidated cases. VIDED |
| Jan 4 2016 | Joint appendix. (3 Volumes) (Statement of costs filed). VIDED. |
| Jan 4 2016 | Brief of Petitioners in Nos. 14-1418, 1453 & 14-1505 filed. VIDED. |
| Jan 4 2016 | Brief of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED. |
| Jan 5 2016 | Brief amici curiae of Orthodox Jewish Rabbis filed. VIDED. |
| Jan 8 2016 | Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. |
| Jan 8 2016 | Brief amici curiae of CNS International Ministries, Inc. and Heartland Christian College filed. VIDED. |
| Jan 8 2016 | Brief amicus curiae of the Breast Cancer Prevention Institute filed. VIDED. |
| Jan 10 2016 | Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of The School of the Ozarks, Inc. d/b/a College of the Ozarks filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Texas, et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Southern Baptist Theological Seminary, et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Christian Legal Society, et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Church of the Lukumi Babalu Aye, Inc., et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Christian and Missionary Alliance Foundation, Inc.,et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of 207 Members of Cogress filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA) filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Former Justice Department Officials filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Ethics and Public Policy Center filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of The Cato Institute and Independent Women's Forum filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of National Association of Evangelicals, et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of 50 Catholic Theologians and Ethicists filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Association of American Physicians & Surgeons, et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Constitutional Law Scholars filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Women Speak for Themselves filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Liberty Counsel filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Council for Christian Colleges and Universities filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of the Knights of Columbus filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Bart Stupak, et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Dominican Sisters of Mary, Mother of the Eucharist, et al. filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Thomas More Law Center filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of ACNA Jurisdiction of the Armed Forces and Chaplaincy, et al. filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Eternal Word Television Network filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of David Boyle filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Justice and Freedom Fund filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Thirteen Law Professors filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of International Conference of Evangelical Chaplain Endorsers filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Concerned Women for America filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of Michael J. New, Ph.D., Associate Scholar at the Charlotte Lozier Institute filed. VIDED. |
| Jan 11 2016 | Brief amicus curiae of American Center for Law and Justice filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of U.S. Justice Foundation, et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Carmelite Sisters of the Most Sacred Heart of Los Angeles, et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of The Catholic Benefits Association, et al. filed. VIDED. |
| Jan 11 2016 | Brief amici curiae of Religious Institutions filed. VIDED. |
| Jan 15 2016 | Joint motion for divided argument and enlargement of time for oral argument GRANTED. VIDED |
| Jan 29 2016 | SET FOR ARGUMENT ON Wednesday, March 23, 2016. VIDED |
| Feb 8 2016 | Record requested from U.S.C.A. 10th Circuit. |
| Feb 10 2016 | CIRCULATED. |
| Feb 10 2016 | Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed) |
| Feb 10 2016 | Brief amicus curiae of American Humanist Association filed. VIDED. (Distributed) |
| Feb 11 2016 | Record received from U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of the pleadings enclosed in "1 Box". |
| Feb 12 2016 | Brief amici curiae of Harvard Law School Center for Health Law and Policy Innovation, et al. filed. VIDED. (Distributed) |
| Feb 16 2016 | Brief amici curiae of American Civil Liberties Union, et al., filed. VIDED. (Distributed) |
| Feb 16 2016 | Brief amici curiae of Church-State Scholars filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of The Ovarian Cancer Research Fund Alliance, et al. (2 Volumes) filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amicus curiae of Baptist Joint Committee for Religious Liberty filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amicus curiae of Compassion & Choices filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of National Women's Law Center and 68 Other Organizations filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of Norman Dorsen, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of American Jewish Committee, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of National Latina Institute for Reproductive Health, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of Catholics for Choice, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of Former State Attorneys General, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of Foreign and International Law Experts Lawrence O. Gostin, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of 240 Students, Faculty, and Staff at Religiously Affiliated Universities filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amicus curiae of American Academy of Pediatrics filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of Scholars of Religious Liberty Sarah Barringer Gordon, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of Health Policy Experts filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of Anti-Defamation League, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amicus curiae of Black Women's Health Imperative filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of The Guttmacher Institute, and Professor Sara Rosenbaum filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of 123 Members of the United States Congress filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of Military Historian filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of The National Health Law Program, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of California, et al. filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amicus curiae of Honorable Robert C. "Bobby" Scott filed. VIDED. (Distributed) |
| Feb 17 2016 | Brief amici curiae of The Center for Inquiry, and American Atheists filed. VIDED. (Distributed) |
| Mar 4 2016 | Letter from counsel for the respondents with copy of C. A. 11th Circuit opinion attached. (Distributed) VIDED. |
| Mar 11 2016 | Reply of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED. (Distributed) |
| Mar 11 2016 | Reply of Petitioners in Nos. 14-1418, 1453 & 14-1505 filed. VIDED. (Distributed) |
| Mar 23 2016 | Argued. For petitioners in Nos. 15-35, 15-105, 15-119 & 15-191: Paul D. Clement, Washington, D. C. For petitioners in Nos. 14-1418, 14-1453, & 14-1505: Noel Francisco, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. VIDED. |
| Mar 29 2016 | The parties are directed to file supplemental briefs that address whether and how contraceptive coverage may be obtained by petitioners employees through petitioners insurance companies, but in a way that does not require any involvement of petitioners beyond their own decision to provide health insurance without contraceptive coverage to their employees. Petitioners with insured plans are currently required to submit a form either to their insurer or to the Federal Government (naming petitioners insurance company), stating that petitioners object on religious grounds to providing contraceptive coverage. The parties are directed to address whether contraceptive coverage could be provided to petitioners employees, through petitioners insurance companies, without any such notice from petitioners. For example, the parties should consider a situation in which petitioners would contract to provide health insurance for their employees, and in the course of obtaining such insurance, inform their insurance company that they do not want their health plan to include contraceptive coverage of the type to which they object on religious grounds. |
| Mar 29 2016 | Petitioners would have no legal obligation to provide such contraceptive coverage, would not pay for such coverage, and would not be required to submit any separate notice to their insurer, to the Federal Government, or to their employees. At the same time, petitioners insurance companyaware that petitioners are not providing certain contraceptive coverage on religious groundswould separately notify petitioners employees that the insurance company will provide cost-free contraceptive coverage, and that such coverage is not paid for by petitioners and is not provided through petitioners health plan. The parties may address other proposals along similar lines, avoiding repetition of discussion in prior briefing. The briefs, limited to a single brief 25 pages in length for petitioners, and a single brief 20 pages in length for respondents, are to be filed simultaneously with the Clerk and served upon counsel for the other parties on or before April 12, 2016. Reply briefs, limited to a single brief 10 pages in length for petitioners and for respondents, are to be filed simultaneously with the Clerk and served upon opposing counsel for the other parties on or before April 20, 2016. VIDED |
| Apr 12 2016 | Supplemental brief of petitioners filed. VIDED. (Distributed) |
| Apr 12 2016 | Supplemental brief of respondents filed. VIDED. (Distributed) |
| Apr 20 2016 | Supplemental reply brief of petitioners filed. VIDED. (Distributed) |
| Apr 20 2016 | Supplemental reply brief of respondents filed. VIDED. (Distributed) |
| May 16 2016 | Judgment VACATED and case REMANDED. Opinion per curiam. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. VIDED. |
| Jun 17 2016 | JUDGMENT ISSUED |
| Aug 18 2016 | Record from U.S.C.A. 10th Circuit has been returned. |
