Dive Brief:
- The Supreme Court decided Monday not to rule in the much anticipated Zubik v. Burwell case that challenges the birth control coverage mandate of the Affordable Care Act.
- Instead, the justices emphasized they were expressing "no view" and acted unanimously to send the case back to lower courts to try to reach a compromise.
- The court's action avoids the the possibility of a 4-to-4 tie among the eight currently serving justices, which would have left the lower court rulings to stand rather than requiring further action.
Dive Insight:
The court's move does not just put off a decision, as a potential compromise is in sight.
The challenge comes from religious groups that object to covering contraception for employees, as well as to a previous accommodation that allows such organizations to inform their health plan any time they wish to seek an exemption. The groups argued that providing information as required would force them to play a role in the process of providing contraceptives and sought the same outright exemption available to houses of worship.
The path toward a compromise has come since the case was heard in March and the court requested supplemental briefs toward that goal. The court says those involved have called a plan "feasible," in which the religiously affiliated groups would provide health insurance that does not include contraception coverage, while without the groups' involvement, the employees can obtain free, separate contraceptive coverage.
The groups “have clarified that their religious exercise is not infringed where they ‘need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception,’ even if their employees receive cost-free contraceptive coverage from the same insurance company,” according to the court's brief.
Meanwhile, the court's discussion so far has not addressed what health insurers think about the idea of providing supplemental birth control-only policies, LifeHealthPro notes.