Culminating a flurry of late June opinions released by SCOTUS this week, the court today in Dobbs v. Jackson Women’s Health Organization has taken the extraordinary step of ending decades of precedent surrounding the protections for abortion-related services under the U.S. Constitution. The opinion has been widely anticipated since a draft opinion was leaked, and
Supreme Court
Coffee Talk With Benefits Episode 3: Employee Benefit Impact of Restrictions on Abortion, Contraceptive and Prenatal Services
Should the recently leaked SCOTUS draft opinion overturning Roe v. Wade become law this summer, trigger laws across the Country will go into effect, illegalizing abortion in a significant number of states. Other states are exploring implementing new restrictions on abortion, contraceptive and prenatal services. Many clients have already asked us about what options they…
SCOTUS Doesn’t Want to Tell Us How They Really Feel About The ACA
Dismissal of ACA Lawsuit Based Only on Standing Grounds
Seyfarth Synopsis: In Texas v. California, the Supreme Court rejected another challenge to the Affordable Care Act (“Obamacare” or “ACA”). The Court never reached the merits of the challenge, relying instead on its now robust Article III standing doctrine. The plaintiffs failed to allege injury traceable…
The Supreme Court Wrestles (Again) With the Constitutionality of the Affordable Care Act (ACA)
Seyfarth Synopsis: Yesterday, the Supreme Court heard oral arguments on the most recent challenge to the Affordable Care Act. The case has the potential to invalidate the entire law. While the Court’s decision isn’t expected soon, the oral arguments may provide some clues as to which way the Justices are leaning. We stress, however, that…
More Uncertainty on Health Care Reform — Supreme Court to Hear Challenge to Premium Tax Credits in Federal Exchanges
By Mark Casciari and Ben Conley
As we suggested might happen, the Supreme Court has granted certiorari in King v. Burwell. The core of this case, as copious press reports have noted, is whether the Affordable Care Act’s limitation of premium tax credits to exchanges “established by the State” was sloppy drafting or…
Sixth Circuit Baits Supreme Court To Decide Constitutionality of Same-Sex Marriage Bans
By: Sam Schwartz-Fenwick, Ian H. Morrison and Jules Levenson
It has been slightly over a year since the Supreme Court invalidated Section 3 of the Defense of Marriage Act (“DOMA”) in United States v. Windsor, thus allowing same-sex spouses who were legally married to receive the federal rights and benefits of marriage. Left…