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ARTICLE · 07 NOVEMBER 2015

Supreme Court Docket Report - November 6, 2015

Mayer Brown
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Religious Freedom Restoration Act—Challenge to Contraception Rule; Bankruptcy—The "Actual Fraud" Bar; Federal Tort Claims Act—Preclusive Effect of a Prior Judgment

United StatesLitigation, Mediation & Arbitration
Brian Netter
Brian Netter
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Today, the Supreme Court granted certiorari in three cases of interest to the business community:

Religious Freedom Restoration Act—Challenge to Contraception Rule

Zubik v. Burwell, No. 14-1418
Priests for Life v. HHS, No. 14-1453
Roman Catholic Archbishop v. Burwell, No. 14-1505
E. Tex. Baptist Univ. v. Burwell, No. 15-35
Little Sisters v. Burwell, No. 15-105
S. Nazarene Univ. v. Burwell, No. 15-119
Geneva College v. Burwell, No. 15-191

Under the Affordable Care Act, employers must provide coverage to employees for preventive care or incur penalties. That mandate has been interpreted to require employers to provide access to FDA-approved contraceptives. The federal government permits a religious non-profit institution to satisfy that mandate by filing a form indicating that it has a religious objection to providing contraceptive coverage. Upon receipt of such a form, the Department of Health and Human Services informs the insurer or

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