Burdens, compelling interest, and the word "hijack"– these are just some of the concepts AU Senior Litigation Counsel Greg Lipper explores in this analysis of Wednesday's Zubik v. Burwell oral arguments.
It’s 2016, and lawyers are still arguing about birth control. On Wednesday, the Supreme Court heard oral arguments in the second direct challenge to the Affordable Care Act’s contraceptive coverage requirements.
There was some cause for optimism coming into Wednesday’s argument in Zubik v. Burwell. Eight of nine federal appeals courts—including the ultra-conservative Fifth Circuit—have upheld the accommodation process for religiously affiliated nonprofits wanting to opt out of providing the birth-control coverage. Might the Supreme Court finally send these Affordable Care Act challenges to the great courtroom in the sky?