Nor did it grant review of the issue raised in Zubik that the narrow total exemption for houses of worship somehow divides the Catholic Church in violation of RFRA. ________________________________ From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Marty Lederman [lederman.ma...@gmail.com] Sent: Friday, November 06, 2015 4:27 PM To: Law & Religion issues for Law Academics Subject: Re: Cert Granted in Non-Profit Contraceptive Mandate Cases
Note that the Court did not grant on the discrimination-based questions. More here: http://balkin.blogspot.com/2015/11/court-grants-all-seven-nonprofit.html Court grants all seven nonprofit petitions in contraceptive coverage cases, henceforth to be collectively referred to as "Zubik v. Burwell" Marty Lederman Today the Court decided not to decide<http://www.supremecourt.gov/orders/courtorders/110615zr_j4ek.pdf> among the seven petitions in the contraceptive cases--it granted (and consolidated) them all on the RFRA question. The Court did not grant on the two questions alleging that the government has impermissibly discriminated among religious organizations, one of which (in Zubik) was nominally a RFRA question and the other of which (in Little Sisters) was framed as a First Amendment question. The case will be argued some time between March 21 and March 30. Presumably only one of the five counsel of record for petitioners will present oral argument--if I had to guess, it'll be Paul Clement or Noel Francisco. (The Court itself ordinarily leaves it to the parties in such a situation to figure out a way to decide which counsel will argue.) The Court has also asked the parties<http://www.scotusblog.com/wp-content/uploads/2015/11/14-1418-et-al.-RFRA-Briefing-Proposal-Request-Letter.pdf> "to submit a joint proposal for briefing on the merits that will keep the number of briefs to a minimum and avoid repetition of argument." Therefore I don't think we should expect to see 400+ pages of party briefs topside and 200+ pages on reply. The petitioners might even decide to submit a single, unified brief at each stage. The decision of the Court will likely be captioned, and popularly referred to, as No. 14-1418, Zubik v. Burwell, which was the first of the petitions to be filed. Compendium of posts on Hobby Lobby and related cases<http://balkin.blogspot.com/2014/02/compendium-of-posts-on-hobby-lobby-and.html> Posted 4:18 PM by Marty Lederman [link] <http://balkin.blogspot.com/2015/11/court-grants-all-seven-nonprofit.html> On Fri, Nov 6, 2015 at 2:38 PM, Friedman, Howard M. <howard.fried...@utoledo.edu<mailto:howard.fried...@utoledo.edu>> wrote: The Supreme Court today granted review in 7 cases challenging the Affordable Care Act contraceptive mandate accommodation for religious non-profits. More at http://religionclause.blogspot.com/2015/11/supreme-court-grants-review-in-7-cases.html Howard Friedman _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu<mailto: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.
_______________________________________________ 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.