Richard C. Schragger
Micah J. Schwartzman

Zubik and the Demands of Justice

CO-AUTHORS Nelson Tebbe


Today, the Supreme Court handed down its decision in Zubik v. Burwell, the closely watched sequel to Hobby Lobby. The Court did not decide the merits of the cases consolidated before it. Instead, it remanded those cases to the lower courts, urging – but not requiring – the parties to come to an agreement. Though this development bodes well for women’s equal access to health care, and though the decision is best read to demand safeguards for women, the Court could have done more to ensure that its opinion met the demands of justice.


Richard C. Schragger, Micah J. Schwartzman & Nelson Tebbe, Zubik and the Demands of Justice, SCOTUSblog (May 16, 2016).

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