1. SCOTUS Case Zubik v. Burwell to Decide Whether ACA Accommodates or Burdens Nonprofits’ Religious Beliefs CONTRACEPTION BATTLEPRESENTATION CENTER March 22, 2016 | Alexander Perry Sources: Louise Radnofsky, “Timeline: Catholics and White House Battle on Health Law Contraception Rules,” Wall Street Journal, March 18, 2016; Lisa Schencker, “White House may have advantage in upcoming ACA contraception case,” Modern Healthcare, March 21, 2016; Laurie Sobel and Alina Salganicoff, “Contraceptive Coverage at the Supreme Court Zubik v. Burwell: Does the Law Accommodate or Burden Nonprofits’ Religious Beliefs?” Kaiser Family Foundation, Feb 23, 2016. Timeline of Major Events on the Battle Over Health Law Contraception Rules Affordable Care Act is passed: The federal healthcare legislation contains a provision requiring new insurance plans to cover preventive services without charging a copayment Contraception Included as Preventive Service: The Obama administration announced that contraception will be covered under the health care law as a preventive service - Catholic groups criticize the move and claim it infringes on their religious liberty Administration’s Contraception Opt-Out Offer Challenged: The administration offered a compromise, initially targeted at religiously affiliated colleges and charities, to its requirement that employers cover contraception in workers’ insurance plans - the compromise was largely seen as insufficient. In response, Catholic groups filed a wave of lawsuits on the grounds that they should not be bound to the rule that is discordant with their religious beliefs. For-profit companies whose owners also objected to contraception soon joined in on the court battle. SCOTUS Sides with Businesses: The Supreme Court agreed to hear cases from two for-profit companies, Hobby Lobby and Conestoga Wood, who said they should not be bound by the federal health law’s mandate for employers to provide contraceptive coverage. The court ruled that the government had not done enough to take into account the rights of closely held companies under the 1993 Religious Freedom Restoration Act. Administration Revises its Compromise Rule: Federal officials release details of a new system in which non-profit and for-profit employers would state their objections to contraceptive coverage in writing, and the government would take over responsibility for the coverage US Appeals Courts Mostly Side With Government: Nine federal courts of appeal have considered cases on the issue of the contraceptive compromise agreement, and eight of those courts ruled in favor of the government, claiming that the arrangement does not substantially burden employers SCOTUS Oral Arguments Zubik v. Burwell: The court agreed to hear Zubik v. Burwell and will hear oral arguments on March 23, 2016. Mar 2010 Aug 2011 2012 June 2014 Aug 2014 2015-16 Mar 2016

2. Of the Nine Appeals Court Rulings on Lawsuits by Nonprofits Objecting to Contraception, Eight Have Been in Government’s Favor CONTRACEPTION BATTLEPRESENTATION CENTER US Appeals Court Rulings on Lawsuits by Nonprofits Objecting to Contraception March 22, 2016 | Alexander Perry Sources: Laurie Sobel and Alina Salganicoff, “Contraceptive Coverage at the Supreme Court Zubik v. Burwell: Does the Law Accommodate or Burden Nonprofits’ Religious Beliefs?” Kaiser Family Foundation, Feb 23, 2016. OH WV VA PA NY ME NC SC GA TN KY IN MI WI MN IL LA TX OK ID NV OR WA CA AZ NM CO WY MT ND SD IA UT FL AR MO MS AL NE KS AK HI 10 9 5 8 7 6 1 2 3 4 11 8 th Circuit Ruling in Favor of the Plaintiff Sharpe Holdings, Inc. et al. V. Burwell Dordt College et al. v. Burwell 7 th Circuit Ruling in Favor of Government Wheaton College v. Burwell Grace Schools et al., and Diocese of Fort Wayne-South Bend, Inc. et al. v. Burwell University of Notre Dame v. Sebelius 2 nd Circuit Ruling in Favor of Government Catholic Health Care System v. Burwell 3 rd Circuit Ruling in Favor of Government Geneva College v. Burwell Zubik v. Burwell DC Circuit Ruling in Favor of Government Priests for Life v. HHS Roman Catholic Archbishop of Washington v. Burwell 6th Circuit Ruling in Favor of Government Michigan Catholic Conference v. Burwell Catholic Diocese of Nashville v. Burwell 11th Circuit Ruling in Favor of Government Eternal World Television Network v. Burwell Catholic Archdiocese of Atlanta v. Burwell Roman Catholic Archdiocese of Savannah v. Burwell 5th Circuit Ruling in Favor of Government East Texas Baptist University v. Burwell 10 th Circuit Ruling in Favor of Government Southern Nazarene University v. Burwell Little Sisters of the Poor v. Burwell