Resource: Priests for Life v. Burwell

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.