Priests for Life: What’s Next for Challenges to the Contraceptive Mandate?

Bender's Labor & Employment Bulletin July 2015

David W. Garland, Chair of the firm’s Labor and Employment Steering Committee, in the firm’s New York and Newark offices, along with Adam C. Solander, Member of the Firm, and Brandon C. Ge, Associate, in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, authored an article in Bender’s Labor & Employment Bulletin, titled “Priests for Life: What’s Next for Challenges to the Contraceptive Mandate?”

Following is an excerpt:

On May 20, 2015, in Priests for Life v. U.S. Department of Health and Human Services,1 the U.S. Court of Appeals for the District of Columbia Circuit denied a petition to rehear the case en banc, stalling several Catholic organizations’ challenge to the Affordable Care Act’s (‘‘ACA’s’’) contraceptive mandate. This decision deals a huge blow to the plaintiffs—the en banc hearing was pivotal in last year’s landmark challenge to the contraceptive mandate, Burwell v. Hobby Lobby Stores, Inc.,2 as Hobby Lobby won its en banc hearing at the Tenth Circuit and ultimately prevailed at the United States Supreme Court in June 2014. What’s next for challenges to the contraceptive mandate?