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No resolution yet for "Little Sisters of the Poor"

This morning, the U.S. Supreme Court issued an opinion in Zubik v. Burwell (more commonly known as the "Little Sisters of the Poor" case), the lawsuit challenging the Affordable Care Act birth control coverage requirement for religious, nonprofit employers. Yet, far from establishing a conclusion to the dispute, the case was sent back to the lower court with instructions for the parties to come to a solution that works for everyone. The Court explicitly stated they express “no view on the merits of the cases.” After the case was argued before the Supreme Court, the justices requested additional information from the parties. Both parties agreed that “contraceptive coverage could be provided to petitioners’ employees, through petitioners’ insurance companies, without any such notice from petitioners.” In other words, if the employer is not required to do anything, they agreed their religious freedom is not infringed. The process will take more time, and the ultimate agreement is still unknown.

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