Indeed, just one week ago, in its *Little Sisters *brief, the government told the Court this:
The preventive-services coverage provision in general, and the contraceptive-coverage provision in particular, apply only if an employer offers a group health plan. Employers, however, are not required to offer group health plans in the first place. Large employers (those with more than 50 full-time-equivalent employees) face a potential tax if they do not provide coverage, 26 U.S.C. 4980H (Supp. V 2011), but that gives them a “choice” between two legal options: provide a group health plan or risk payment of the tax. *Liberty Univ.*, 733 F.3d at 98; cf. *National Fed’n of Indep. Bus. v. Sebelius*, 132 S. Ct. 2566, 2596-2597 (2012). On Sat, Jan 11, 2014 at 12:13 PM, Marty Lederman <lederman.ma...@gmail.com>wrote: > I don't read it to say anything of the sort: Footnote 2 is about what can > happen if an employer *that* *sponsors a plan* fails to include required > coverage. > > > On Sat, Jan 11, 2014 at 12:08 PM, Douglas Laycock > <dlayc...@virginia.edu>wrote: > >> Footnote 2 of the government’s brief appears to disclaim, and rebut, the >> view that large employers are free to drop health insurance and pay the >> taxes. >> >> >> >> Douglas Laycock >> >> Robert E. Scott Distinguished Professor of Law >> >> University of Virginia Law School >> >> 580 Massie Road >> >> Charlottesville, VA 22903 >> >> 434-243-8546 >> >> >> >> _______________________________________________ >> To post, send message to Religionlaw@lists.ucla.edu >> To subscribe, unsubscribe, change options, or get password, see >> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw >> >> Please note that messages sent to this large list cannot be viewed as >> private. Anyone can subscribe to the list and read messages that are >> posted; people can read the Web archives; and list members can (rightly or >> wrongly) forward the messages to others. >> > >
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