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 Bloomberg BNA Health Care Daily Report, in “Effect of Scalia’s Death on Health-Care Cases Uncertain,” by Mary Anne Pazanowski.
Mr. Gerson discusses the likely outcome of Zubik v. Burwell, U.S., No. 14-1418, in the following excerpt:
Gerson said the religious nonprofits will have to pull Kennedy to tie the case, and “Kennedy is very unpredictable.” Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan are very likely to rule for the government, leaving Breyer the only “liberal” justice who may be up in the air. Breyer, though, “is a pragmatist,” Gerson said, and isn’t likely to change his vote from Hobby Lobby.
The “hard part” for the religious nonprofits will be “to hold on to the other four justices,” given Kennedy’s unpredictability, Gerson said.