Legal Opinion

Little Sisters of the Poor Home for the Aged v. Burwell

Court of Appeals for the Tenth Circuit

Decided July 14, 2015No. Nos. 13-1540, 14-6026, 14-6028PublishedCited by 35 opinions

1Opinion of the Court

MATHESON, Circuit Judge.

TABLE OF CONTENTS

Glossary.1156

I. Introduction .1159

II. Hobby Lobby and this case.1160

III. Background.1160

A. Regulatory Background.1160

1. The ACA Mandate and the Religious Employer Exemption.1160

2. The Accommodation Scheme for Religious Non-Profit Organizations.1162

a. EBSA Form 700 .1163

b. Alternative notice.1163

3. The Mechanics of the Accommodation for Insured Plans, Self-Insured Plans, and Self-Insured Church Plans.1165

a. Insured plans.1165

b. Self-insured plans.1166

c. Self-insured church plans.1166

d. Legal obligation to provide coverage after the accommodation.... 1167

2Cases cited76 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Wisconsin v. YoderSupreme Court of the United States · 1972
  3. Sherbert v. VernerSupreme Court of the United States · 1963
  4. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  5. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943

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3Cited by35 opinions

  1. Little Sisters of the Poor Saints Peter and Paul Home v. PennsylvaniaSupreme Court of the United States · 2020
  2. Commonwealth of MA v. Dep't of Health & Human Servs.Court of Appeals for the First Circuit · 2019
  3. Real Alternatives, Inc. v. Secretary Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 2017
  4. The Roman Catholic Archdiocese of Atlanta v. Secretary of the U.S. Department of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 2016
  5. Grace Schools v. Sylvia Mathews BurwellCourt of Appeals for the Seventh Circuit · 2015

30 more not listed; retrieve them via the Exa API.

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