Theologians’ brief in HHS mandate case might lead to compromise ruling

(CNS) Supreme Court cases, with their multiple friend-of-the-court briefs, leave extensive paper trails behind them and although these briefs might get lost in the shuffle, occasionally some stand out.

In Zubik v. Burwell, the challenge to the Affordable Care Act’s contraception requirement, more than 30 briefs were filed by religious, political and health groups weighing in both for and against the mandate that most religious and other employers must cover contraceptives, sterilization and abortifacients through employer-provided health insurance even if they are morally opposed to such coverage.

One of these briefs, submitted by a group of 50 Catholic theologians and ethicists, may have been instrumental in prompting the court to issue its March 29 order for new written arguments by both sides. [More]