White Paper

18 Pages
  • 18 Pages

The “Little Sisters’ Legal Odyssey” to Consolidate Power in the Executive Branch


Round I or Game Over?

In Little Sisters of the Poor v. Pennsylvania, the U.S. Supreme Court approved 2017 Interim Final Rules and 2018 Final Rules that exempt private employers, health care issuers, and third-party administrators with religious or moral aversion to contraception from “complicity” with what the Court labeled an “administratively created contraceptive mandate” in the Affordable Care Act. This decision, however, presents a clear danger to the separation of powers doctrine and settled rule of law. This white paper explores the consequences of the result-oriented decision that prejudges the merits of the dispute before the case returns to the Court. Is this just round one, or is the game over?



Diane M. Soubly

Diane M. Soubly

Butzel Long

  • Of counsel with Butzel Long
  • Has more than 35 years of experience representing employers, fiduciaries, plans and plan sponsors in ERISA and employee benefit litigation, both individual lawsuits and class actions
  • One of a select few attorneys nationally who have been elected Fellows of both the College of Labor and Employment Lawyers and the American College of Employee Benefits Counsel
  • Repeatedly included in Best Lawyers, a Michigan and Illinois Super Lawyer in Employee Benefits and Employment Litigation-Management; Best Lawyers Lawyer of the Year, 2019, Ann Arbor, Michigan
  • Has written extensively on ERISA preemption, the Affordable Care Act, spousal equivalency benefits, the demise of DOMA §3, the Trump Administration’s executive actions relating to the Affordable Care Act, and the Biden Administration’s actions relating to the Affordable Care Act during the COVID-19 pandemic and beyond
  • Frequent writer of amicus briefs for national associations including the U.S. Chamber of Commerce and the American Benefits Council
  • Presented on benefits litigation for such organizations as the ABA Joint Committee on Employee Benefits, the American Law Conference, and the board of directors of the American Benefits Council
  • Has contributed to supplements of the ABA Employee Benefits Law and the Fiduciary Answer Book
  • Contributory Editor of the Benefits Law Journal, writing extensively on litigation relating to Affordable Care Act and other issues
  • Co-Editor-in-Chief, Bloomberg Workplace Harassment Law treatise, 2d edition, 2018, and online update for 2020 pending
  • As a member of the Board of Directors of the American Benefits Council from 2007 to 2010, she served on its health care reform task force analyzing various presidential candidate health care reform proposals and the Affordable Care Act
  • Can be contacted at 734-213-3625 or [email protected]

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