Little Sisters of the Poor Home for the Aged v. Burwell
Consolidated with:
- Roman Catholic Archbishop of Washington v. Burwell
- East Texas Baptist University v. Burwell
- Zubik v. Burwell
- Priests for Life v. Burwell
- Southern Nazarene University v. Burwell
- Geneva College v. Burwell
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 15-105 | Mar 23, 2016 | May 16, 2016 | 8-0 | Per Curiam | OT 2015 |
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: Zubik and the demands of justice (Micah Schwartzman, Richard Schragger and Nelson Tebbe, May 17, 2016)
- Symposium: Workers remain at risk post-Zubik v. Burwell (Leslie Griffin, May 17, 2016)
- 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: 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 Courts contraceptive-mandate cases (Stephen Wermiel, April 15, 2016)
- Dueling responses to the Court's ACA birth-control idea (Lyle Denniston, April 13, 2016)
- Religious non-profits fully endorse Court's birth-control access idea (Lyle Denniston, April 13, 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: Womens 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)
- Judges predict foes will win on birth control mandate (Lyle Denniston, September 4, 2015)
- The ACA birth-control controversy, made simple (Lyle Denniston, July 15, 2015)
| Date | Proceedings and Orders |
|---|---|
| 07/23/2015 | Petition for a writ of certiorari filed. (Response due August 24, 2015) |
| 07/28/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, recieved from counsel for the petitioners. |
| 08/13/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 08/18/2015 | Order extending time to file response to petition to and including September 23, 2015. |
| 08/21/2015 | Brief amici curiae of Orthodox Jewish Rabbis filed. |
| 08/24/2015 | Brief amicus curiae of Independent Women's Forum filed. |
| 08/24/2015 | Brief amici curiae of Dominican Sisters of Mary, Mother of the Eucharist, et al. filed. |
| 08/24/2015 | Brief amici curiae of Christian and Missionary Alliance Foundation, Inc., et al. filed. |
| 08/24/2015 | Brief amici curiae of Southern Baptist Theological Seminary, et al. filed. |
| 08/24/2015 | Brief amici curiae of The Catholic Benefits Association, et al. filed. |
| 08/24/2015 | Brief amici curiae of Texas, et al. filed. |
| 08/24/2015 | Brief amicus curiae of Council for Christian Colleges & Universities filed. |
| 08/24/2015 | Brief amicus curiae of Cato Institute filed. |
| 08/24/2015 | Brief amicus curiae of American Center for Law and Justice filed. |
| 08/24/2015 | Brief amici curiae of Association of American Physicians & Surgeons, et al. filed. |
| 08/24/2015 | Brief amici curiae of Christian Legal Society, et al. filed. |
| 08/24/2015 | Brief amici curiae of Carmelite Sisters of the Most Sacred Heart of Los Angeles, et al. filed. |
| 08/24/2015 | Brief amicus curiae of Foundation for Moral Law. filed. |
| 08/24/2015 | Brief amici curiae of Law Professors Bruce P. Frohnen, et al. filed. |
| 09/21/2015 | Order further extending time to file response to petition to and including September 30, 2015. |
| 09/30/2015 | Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED. |
| 10/13/2015 | Reply of petitioners Little Sisters of the Poor Home for the Aged, Denver, Colorado, et al. filed. |
| 10/14/2015 | DISTRIBUTED for Conference of October 30, 2015. |
| 11/02/2015 | DISTRIBUTED for Conference of November 6, 2015. |
| 11/06/2015 | Petition GRANTED limited to Questions 1 and 2 presented by the petition. 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, 15-35, 15-119 and 15-191 are granted. The cases are consolidated. |
| 11/06/2015 | Letter from The Clerk to counsel for the parties requesting a joint briefing proposal by 1 p.m., Monday, November 16, 2015. VIDED |
| 11/17/2015 | The briefing proposal set forth in the parties |
| 12/07/2015 | Joint motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED. |
| 12/14/2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents. VIDED |
| 12/15/2015 | 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 |
| 01/04/2016 | Joint appendix filed. (3 Volumes) (Statement of costs filed) VIDED. |
| 01/04/2016 | Brief of Petitioners in Nos. 14-1418, 14-1453 & 14-1505 filed. VIDED. |
| 01/04/2016 | Brief of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED. |
| 01/05/2016 | Brief amici curiae of Orthodox Jewish Rabbis filed. VIDED. |
| 01/08/2016 | Brief amicus curiae of Catholic Defense League filed. |
| 01/08/2016 | Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. |
| 01/08/2016 | Brief amici curiae of CNS International Ministries, Inc. and Heartland Christian College filed. VIDED. |
| 01/08/2016 | Brief amicus curiae of the Breast Cancer Prevention Institute filed. VIDED. |
| 01/10/2016 | Brief amici curiae of Residents and Families of Residents at Homes of the Little Sisters of the Poor filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of The School of the Ozarks, Inc. d/b/a College of the Ozarks filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Texas, et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Southern Baptist Theological Seminary, et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Christian Legal Society, et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Church of the Lukumi Babalu Aye, Inc., et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Christian and Missionary Alliance Foundation, Inc., et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of 207 Members of Congress filed. VIDED. |
| 01/11/2016 | Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA) filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Former Justice Department Officials filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Ethics and Public Policy Center filed. VIDED. |
| 01/11/2016 | Brief amici curiae of The Cato Institute and Independent Women's Forum filed. VIDED. |
| 01/11/2016 | Brief amici curiae of National Association of Evangelicals, et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of 50 Catholic Theologians and Ethicists filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Association of American Physicians & Surgeons, et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Constitutional Law Scholars filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Women Speak for Themselves filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Liberty Counsel filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Council for Christian Colleges and Universities filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Foundation for Moral Law filed. |
| 01/11/2016 | Brief amicus curiae of the Knights of Columbus filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Bart Stupak, et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Dominican Sisters of Mary, Mother of the Eucharist, et al. filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Thomas More Law Center filed. VIDED. |
| 01/11/2016 | Brief amici curiae of ACNA Jurisdiction of the Armed Forces and Chaplaincy, et al. filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Eternal Word Television Network filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of David Boyle filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Justice and Freedom Fund filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Thirteen Law Professors filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of International Conference of Evangelical Chaplain Endorsers filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Concerned Women for America filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of Michael J. New, Ph.D., Associate Scholar at the Charlotte Lozier Institute filed. VIDED. |
| 01/11/2016 | Brief amicus curiae of American Center for Law and Justice filed. VIDED. |
| 01/11/2016 | Brief amici curiae of U.S. Justice Foundation, et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Carmelite Sisters of the Most Sacred Heart of Los Angeles, et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of The Catholic Benefits Association, et al. filed. VIDED. |
| 01/11/2016 | Brief amici curiae of Religious Institutions filed. VIDED. |
| 01/15/2016 | Joint motion for divided argument and enlargement of time for oral argument GRANTED. VIDED |
| 01/29/2016 | SET FOR ARGUMENT ON Wednesday, March 23, 2016. VIDED |
| 02/08/2016 | Record requested from U.S.C.A. 10th Circuit. |
| 02/10/2016 | CIRCULATED. |
| 02/10/2016 | Brief of respondents Sylvia Burwell, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed) |
| 02/10/2016 | Brief amicus curiae of American Humanist Association filed. VIDED. (Distributed) |
| 02/12/2016 | Brief amici curiae of Harvard Law School Center for Health Law and Policy Innovation, et al. filed. VIDED. (Distributed) |
| 02/16/2016 | Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed) |
| 02/16/2016 | Brief of Church-State Scholars filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of The Ovarian Cancer Research Fund Alliance, et al. (2 Volumes) filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amicus curiae of Baptist Joint Committee for Religious Liberty filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amicus curiae of Compassion & Choices filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of National Women's Law Center and 68 Other Organizations filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of Norman Dorsen, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of American Jewish Committee, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of National Latina Institute for Reproductive Health, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of Catholics for Choice, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of Former State Attorneys General, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of Foreign and International Law Experts Lawrence O. Gostin, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of 240 Students, Faculty, and Staff at Religiously Affiliated Universities filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amicus curiae of American Academy of Pediatrics filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of Scholars of Religious Liberty Sarah Barringer Gordon, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of Health Policy Experts filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of Anti-Defamation League, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amicus curiae of Black Women's Health Imperative filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of The Guttmacher Institute, and Professor Sara Rosenbaum filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of 123 Members of the United States Congress filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of Military Historians filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of The National Health Law Program, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of California, et al. filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amicus curiae of Honorable Robert C. "Bobby" Scott filed. VIDED. (Distributed) |
| 02/17/2016 | Brief amici curiae of The Center for Inquiry, and American Atheists filed. VIDED. (Distributed) |
| 03/04/2016 | Letter from counsel for the respondents with copy of C. A. 11th Circuit opinion attached. (Distributed) VIDED. |
| 03/11/2016 | Reply of Petitioners in Nos. 15-35, 15-105, 15-119, & 15-191 filed. VIDED. (Distributed) |
| 03/11/2016 | Reply of Petitioners in Nos. 14-1418, 14-1453 & 14-1505 filed. VIDED. (Distributed) |
| 03/23/2016 | 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. |
| 03/29/2016 | The parties are directed to file supplemental briefs that address whether and how contraceptive coverage may be obtained by petitioners |
| 03/29/2016 | 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 |
| 04/12/2016 | Supplemental brief of petitioners filed. VIDED. (Distributed) |
| 04/12/2016 | Supplemental brief of respondents filed. VIDED. (Distributed) |
| 04/20/2016 | Supplemental reply brief of petitioners filed. VIDED. (Distributed) |
| 04/20/2016 | Supplemental reply brief of respondents filed. VIDED. (Distributed) |
| 05/16/2016 | Judgment VACATED and case REMANDED. Opinion per curiam. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. VIDED. |
| 06/17/2016 | JUDGMENT ISSUED |