Re: Unpacking the Zubik case

[Marty Lederman]

In hopes that it will be of some assistance, I've pulled together a
preliminary categorization of all 37 of the petitioners, based upon the
representations in the *cert.*-stage briefs.  Please let me know if you
notice any mistakes:


*Categories of petitioners in the seven cases:*


*Employers using insured employee plans (5)*


Priests for Life (14-1453)

Catholic University of America (14-1505) (also uses insured student plan)

Oklahoma Wesleyan University (15-119)

Oklahoma Baptist University (15-119) (also uses insured student plan)

Geneva College (15-191) (also uses insured student plan)


*Employers using insured student plans (4)*


Catholic University of America (14-1505) (also uses insured employee plan)

Oklahoma Baptist University (15-119) (also uses insured employee plan)

Southern Nazarene University (15-119) (also uses self-insured employee plan)

Geneva College (15-191) (also uses insured employee plan)


*Employers using self-insured, TPA-administered, non-“church plan” employee
plans (3)*


Thomas Aquinas College (14-1505)

East Baptist University (15-35)

Southern Nazarene University (15-119) (also has insured student plan)


*Employers using self-insured, TPA-administered “church plans” for
employees, whose TPAs are not required to provide contraceptive coverage
(18)*


Catholic Charities of the Diocese of Pittsburgh, Inc. (14-1418)

St. Martin Center, Inc. (14-1418)

Prince of Peace Center, Inc. (14-1418)

Erie Catholic Preparatory School (14-1418)

Consortium of Catholic Academies of the Archdiocese of Washington, Inc.
(14-453)

Archbishop Carroll High School, Inc. (14-453)

Don Bosco Cristo Rey High School of the Archdiocese of Washington, Inc.
(14-453)

Mary of Nazareth Roman Catholic Elementary School, Inc. (14-453)

Catholic Charities of the Archdiocese of Washington, Inc. (14-453)

Victory Housing, Inc. (14-453)

Catholic Information Center, Inc. (14-453)

Houston Baptist University (15-35)

Westminster Theological Seminary (15-35)

Little Sisters of the Poor Home for the Aged of Denver (15-105) (whose
primary plan TPA--Christian Brothers Services—already has promised not to
provide contraceptive coverage even if Little Sisters opts out)

Little Sisters of the Poor, Baltimore, Inc. (15-105)

Reaching Souls International, Inc. (15-105)

Truett-McConnell College, Inc. (15-105)

Mid-America Christian University (15-119)


*Wholly exempt entities that “sponsor” church plans for other employers (3)*


Roman Catholic Diocese of Pittsburgh, Inc. (14-1418)

Roman Catholic Diocese of Erie (14-1418)

Roman Catholic Archbishop of Washington (14-1505)


*Directors of wholly exempt entities that “sponsor” church plans for other
employers (2)*


The Most Reverend David A. Zubik (14-1418)

The Most Reverend Lawrence T. Persico (14-1418)


*Directors of an employer (Priests for Life) using an insured employee plan
(3)*


Father Frank Pavone (14-1453)

Alveda King (14-1453)

Janet Morana (14-1453)


*Employee church plans themselves (2)*


Christian Brothers Employee Benefit (15-105)

GuideStone Financial Resources of the Southern Baptist Convention (15-105)


*An employee church-plan TPA (1)*


Christian Brothers Services (15-105) (CBS has already said it will not
provide contraceptive coverage if requested to do so)



*37 petitioners total *(four of which use both employee and student plans)


On Sun, Nov 8, 2015 at 4:54 PM, Marty Lederman 
wrote:

> FYI -- I hope some of you might find this helpful:
>
>
> http://balkin.blogspot.com/2015/11/who-is-zubik-in-zubik-v-burwell-and-why.html
>
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Re: Unpacking the Zubik case

[Marty Lederman]

Interesting, thanks, Greg.  If ETBU's plan were entirely self-administered,
it would not be required to provide contraception coverage.  But the
declaration of the University President that's cited in the brief says:

29. East Texas Baptist is self-insured, and its employees receive health
benefits through the East Texas Baptist University Healthcare Benefits
Plan, or “Plan.” East Texas Baptist is both the Plan Sponsor and the Plan
Administrator. Ex. A-7 (Plan at 1).

30. *East Texas Baptist has contracted with Mutual Assurance
Administrators, Inc. to act as the third party administrator for the Plan*.
Ex. A-7 (Plan at 1).


So, MAA is a TPA which, if it wishes, could provide the coverage to ETBU's
employees.  On the other hand, it could also choose not to do so (e.g., to
stay in ETBU's good graces), or ETBU could choose a different TPA.


On Mon, Nov 9, 2015 at 6:56 PM, Gregory S. Baylor <gbay...@adflegal.org>
wrote:

> I think there may be one mistake regarding East Texas Baptist University.
> Its cert petition (p. 14) says “ETBU is both the sponsor and administrator
> of its own self-insured plan.”  I haven’t read the cert opp or the reply,
> and I don’t know if this comes up in either.
>
>
>
> Greg Baylor
>
>
>
>
> [image: Alliance Defending Freedom] <http://www.adflegal.org/>   Gregory
> S. Baylor
> Senior Counsel, Director of Center for Religious Schools
> 202-393-8690 (Office)
> 202-888-7628 (Direct Dial)
> 202-347-3622 (Fax)
> gbay...@adflegal.org
> ADFlegal.org
> Not Licensed in DC
> Practice Limited to Federal Court
>
> *From:* religionlaw-boun...@lists.ucla.edu [mailto:
> religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marty Lederman
> *Sent:* Monday, November 09, 2015 7:50 AM
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: Unpacking the Zubik case
>
>
>
> In hopes that it will be of some assistance, I've pulled together a
> preliminary categorization of all 37 of the petitioners, based upon the
> representations in the *cert.*-stage briefs.  Please let me know if you
> notice any mistakes:
>
>
>
>
> * Categories of petitioners in the seven cases**:*
>
>
>
> *Employers using insured employee plans (5)*
>
>
> Priests for Life (14-1453)
>
> Catholic University of America (14-1505) (also uses insured student plan)
>
> Oklahoma Wesleyan University (15-119)
>
> Oklahoma Baptist University (15-119) (also uses insured student plan)
>
> Geneva College (15-191) (also uses insured student plan)
>
>
>
> *Employers using insured student plans (4)*
>
>
> Catholic University of America (14-1505) (also uses insured employee plan)
>
> Oklahoma Baptist University (15-119) (also uses insured employee plan)
>
> Southern Nazarene University (15-119) (also uses self-insured employee
> plan)
>
> Geneva College (15-191) (also uses insured employee plan)
>
>
>
> *Employers using self-insured, TPA-administered, non-“church plan”
> employee plans (3)*
>
>
> Thomas Aquinas College (14-1505)
>
> East Baptist University (15-35)
>
> Southern Nazarene University (15-119) (also has insured student plan)
>
>
>
> *Employers using self-insured, TPA-administered “church plans” for
> employees, whose TPAs are not required to provide contraceptive coverage
> (18)*
>
>
> Catholic Charities of the Diocese of Pittsburgh, Inc. (14-1418)
>
> St. Martin Center, Inc. (14-1418)
>
> Prince of Peace Center, Inc. (14-1418)
>
> Erie Catholic Preparatory School (14-1418)
>
> Consortium of Catholic Academies of the Archdiocese of Washington, Inc.
> (14-453)
>
> Archbishop Carroll High School, Inc. (14-453)
>
> Don Bosco Cristo Rey High School of the Archdiocese of Washington, Inc.
> (14-453)
>
> Mary of Nazareth Roman Catholic Elementary School, Inc. (14-453)
>
> Catholic Charities of the Archdiocese of Washington, Inc. (14-453)
>
> Victory Housing, Inc. (14-453)
>
> Catholic Information Center, Inc. (14-453)
>
> Houston Baptist University (15-35)
>
> Westminster Theological Seminary (15-35)
>
> Little Sisters of the Poor Home for the Aged of Denver (15-105) (whose
> primary plan TPA--Christian Brothers Services—already has promised not to
> provide contraceptive coverage even if Little Sisters opts out)
>
> Little Sisters of the Poor, Baltimore, Inc. (15-105)
>
> Reaching Souls International, Inc. (15-105)
>
> Truett-McConnell College, Inc. (15-105)
>
> Mid-America Christian University (15-119)
>
>
>
> *Wholly exempt entities that “sponsor” church plans for other employers
> (3)*
>
>
> Roman Catholic Diocese of Pittsburgh, Inc. (14-1418)
>
> Roman Catholic Diocese of Erie (14-1418)
>
> Roman Catho

RE: Unpacking the Zubik case

[Gregory S. Baylor]

I think there may be one mistake regarding East Texas Baptist University.  Its 
cert petition (p. 14) says “ETBU is both the sponsor and administrator of its 
own self-insured plan.”  I haven’t read the cert opp or the reply, and I don’t 
know if this comes up in either.

Greg Baylor


[Alliance Defending Freedom]<http://www.adflegal.org/>  Gregory S. 
Baylor
Senior Counsel, Director of Center for Religious Schools
202-393-8690 (Office)
202-888-7628 (Direct Dial)
202-347-3622 (Fax)
gbay...@adflegal.org<mailto:gbay...@adflegal.org>
ADFlegal.org<http://ADFlegal.org>
Not Licensed in DC
Practice Limited to Federal Court


From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Monday, November 09, 2015 7:50 AM
To: Law & Religion issues for Law Academics
Subject: Re: Unpacking the Zubik case

In hopes that it will be of some assistance, I've pulled together a preliminary 
categorization of all 37 of the petitioners, based upon the representations in 
the cert.-stage briefs.  Please let me know if you notice any mistakes:


Categories of petitioners in the seven cases:



Employers using insured employee plans (5)

Priests for Life (14-1453)

Catholic University of America (14-1505) (also uses insured student plan)

Oklahoma Wesleyan University (15-119)

Oklahoma Baptist University (15-119) (also uses insured student plan)

Geneva College (15-191) (also uses insured student plan)



Employers using insured student plans (4)

Catholic University of America (14-1505) (also uses insured employee plan)

Oklahoma Baptist University (15-119) (also uses insured employee plan)

Southern Nazarene University (15-119) (also uses self-insured employee plan)

Geneva College (15-191) (also uses insured employee plan)



Employers using self-insured, TPA-administered, non-“church plan” employee 
plans (3)

Thomas Aquinas College (14-1505)

East Baptist University (15-35)

Southern Nazarene University (15-119) (also has insured student plan)



Employers using self-insured, TPA-administered “church plans” for employees, 
whose TPAs are not required to provide contraceptive coverage (18)

Catholic Charities of the Diocese of Pittsburgh, Inc. (14-1418)

St. Martin Center, Inc. (14-1418)

Prince of Peace Center, Inc. (14-1418)

Erie Catholic Preparatory School (14-1418)

Consortium of Catholic Academies of the Archdiocese of Washington, Inc. (14-453)

Archbishop Carroll High School, Inc. (14-453)

Don Bosco Cristo Rey High School of the Archdiocese of Washington, Inc. (14-453)

Mary of Nazareth Roman Catholic Elementary School, Inc. (14-453)

Catholic Charities of the Archdiocese of Washington, Inc. (14-453)

Victory Housing, Inc. (14-453)

Catholic Information Center, Inc. (14-453)

Houston Baptist University (15-35)

Westminster Theological Seminary (15-35)

Little Sisters of the Poor Home for the Aged of Denver (15-105) (whose primary 
plan TPA--Christian Brothers Services—already has promised not to provide 
contraceptive coverage even if Little Sisters opts out)

Little Sisters of the Poor, Baltimore, Inc. (15-105)

Reaching Souls International, Inc. (15-105)

Truett-McConnell College, Inc. (15-105)

Mid-America Christian University (15-119)



Wholly exempt entities that “sponsor” church plans for other employers (3)

Roman Catholic Diocese of Pittsburgh, Inc. (14-1418)

Roman Catholic Diocese of Erie (14-1418)

Roman Catholic Archbishop of Washington (14-1505)



Directors of wholly exempt entities that “sponsor” church plans for other 
employers (2)

The Most Reverend David A. Zubik (14-1418)

The Most Reverend Lawrence T. Persico (14-1418)

Directors of an employer (Priests for Life) using an insured employee plan (3)

Father Frank Pavone (14-1453)

Alveda King (14-1453)

Janet Morana (14-1453)



Employee church plans themselves (2)

Christian Brothers Employee Benefit (15-105)

GuideStone Financial Resources of the Southern Baptist Convention (15-105)



An employee church-plan TPA (1)

Christian Brothers Services (15-105) (CBS has already said it will not provide 
contraceptive coverage if requested to do so)


37 petitioners total (four of which use both employee and student plans)


On Sun, Nov 8, 2015 at 4:54 PM, Marty Lederman 
<lederman.ma...@gmail.com<mailto:lederman.ma...@gmail.com>> wrote:
FYI -- I hope some of you might find this helpful:

http://balkin.blogspot.com/2015/11/who-is-zubik-in-zubik-v-burwell-and-why.html



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