So who gets to argue the contraceptive mandate?

November 6th, 2015

Today the Court granted seven petitions that were pending concerning the contraceptive mandate. And so begins the battle over who gets to argue the case, as the Court consolidated all of them.

Here are the 7 petitions, and who is counsel of record:

  • 14-1418 ZUBIK, DAVID A. ET AL. V. BURWELL, SEC. OF H&HS, ET AL. – Paul Michael Pohl, Jones Day
  • 14-1453 PRIESTS FOR LIFE, ET AL. V. DEPT. OF H&HS, ET AL. – Robert Joseph Muise, American Freedom Law Center
  • 14-1505 ROMAN CATHOLIC ARCHBISHOP V. BURWELL, SEC. OF H&HS, ET AL. –  Noel J. Francisco, Jones Day
  • 15-35 E. TX BAPTIST UNIV., ET AL. V. BURWELL, SEC. OF H&HS – Paul D. Clement, Bancroft
  • 15-105 LITTLE SISTERS, ET AL. V. BURWELL, SEC. OF H&HS, ET AL. – Paul D. Clement, Bancroft
  • 15-119 SOUTHERN NAZARENE UNIV., ET AL. V. BURWELL, SEC. OF H&HS, ET AL. – David A. Cortman, Alliance Defending Freedom
  • 15-191 GENEVA COLLEGE V. BURWELL, SEC. OF H&HS, ET AL. – David A. Cortman, Alliance Defending

You may recall that Paul Clement argued on behalf of both Hobby Lobby and Conestoga Wood Specialties, which was represented by David Cortman of ADF.

By the way, because Zubik is the lowest-docketed case, this case will forever be known as Zubik v. Burwell, and not Little Sisters of the Poo.r