Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was quoted in Modern Healthcare, in “Faith-Based Health Systems Ask Supreme Court to Take Cases Over Pension Plans,” by Lisa Schencker. (Read the full version – registration or subscription required.)
Following is an excerpt:
Stuart Gerson, a former acting U.S. attorney general who now works on healthcare cases as a member at Epstein Becker Green, said he also doubts, at this point, that the Supreme Court would hear the cases. Gerson is not involved in the litigation.
The Supreme Court takes a very low percentage of cases that petition it, and this one might be especially unlikely because “the majority of the court doesn't show any great affinity toward the pleadings of organizations affiliated with religion,” he said. If the Department of Labor were to ask the solicitor general to urge the court to take it that might change the case’s chances of getting heard but Gerson noted the Obama administration is unlikely to be sympathetic to the faith-based health systems' argument.
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