The Stakes Are High

In case there is any doubt as to the importance of the presidential election for the future of the Supreme Court, consider the court’s decision Monday in Zubik v. Burwell.

At issue in Zubik is a regulation that requires non-profits to cover certain contraceptives in their health insurance plans. Non-profits don’t have to comply if they send either their insurers or the federal government a form stating that they object on religious grounds to providing contraceptive coverage. It is the requirement to make such a submission that Zubik and a number of other non-profits (the petitioners) have challenged as substantially burdening the exercise of their religion, in violation of the Religious Freedom Restoration Act of 1993.