Next month, the U.S. Supreme Court will hear the Zubik v. Burwell case, another challenge to the Affordable Care Act, this time to the contraceptive coverage requirement brought by nonprofit corporations. After the death of Justice Antonin Scalia, this already complicated and charged case has taken on an additional question: If the Court is operating with only eight Justices, what would be the impact of a tie decision?
The Hobby Lobby decision established that certain firms with religious beliefs should be relieved of the requirement of paying for contraceptive coverage. The current challenges, brought by religiously-affiliated nonprofits, address a different issue: Does the accommodation the government offers to relieve them of the coverage requirement burden their religious beliefs?
A new issue brief from the Kaiser Family Foundation explains the legal issues raised by the Zubik v. Burwell case, discusses the influence of the Hobby Lobby decision, and the examines the potential impact of the ruling, including a split decision.