Zubik v. Burwell Opinion Breakdown

Posted: May 25, 2016 by beguide in Opinion Breakdown, Uncategorized

BACKGROUND IN A NUTSHELL:  The Affordable Care Act requires that employers provide contraception, but gives religious employers an exception if they fill out some forms.  Religious employers don’t want to fill out the forms.

WHO WON? No one and everyone.  The parties worked out a resolution, so the case is getting remanded so it can settle.


IS IT WORTH READING? Sure, but don’t expect too much, as it is mostly an exercise in the Court disavowing their involvement whilst simultaneously patting themselves on the back.

ANY DISSENTS:  Not exactly.

BY WHO?  Sotomayor

IT IS WORTH READING?  Once again, it’s a whole lot of the Court reiterating that they did nothing, only this time the Court is also telling other people to do nothing.

SHOULD YOU CARE?  Yes, but not for the reason that you probably care.

WHY ARE YOU BEING A DICK ABOUT IT?  Settlement in this case is the best for everyone.  On a micro-level, this somewhat silly dispute gets resolved with both parties being appeased.  On a macro-level, this case should not be the kind of case that decides important issues like religious freedom, health care, contraceptives, and possible LGBT rights, because this deals with willingness to fill out paperwork.  When those battles need to be fought, they should be fought on their own merits.

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