University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Wheaton College v. Burwell"
Date January 11, 2016
Author Harvard Law Review
External Link https://harvardlawreview.org/2016/01/wheaton-college-v-burwell/
Abstract In July 2015, the Seventh Circuit in Wheaton College v. Burwell (Wheaton College II) affirmed the denial of a preliminary injunction for Wheaton College, a religious institution in Illinois that has resisted the Affordable Care Act’s requirement that group health insurance plans cover the provision of certain contraceptives. In so holding, the court adjudged the College “incorrect” in its belief that “as the trigger-puller or facilitator [it] share[d] responsibility for the extension of [emergency contraception] coverage to its students, faculty, and staff.” To the extent it relied on this conclusion to reject the substantiality of the burden upon Wheaton College’s religious exercise, the Seventh Circuit’s reasoning eschews the best reading of Burwell v. Hobby Lobby Stores, Inc.’s substantiality analysis and presents a troubling submission of questions of “creed and conscience” to judicial scrutiny.
Source Harvard Law Review
Citation 129 Harv. L. Rev. 851


This Resource Relates To
case Wheaton College v. Sebelius (FA-DC-0002)

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