UMass Law Professor Dwight Duncan was interviewed by Court TV on the Little Sisters of the Poor case at the Supreme Court. The case will decide whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation initially adopted by the Department of Health and Human Services under the Affordable Care Act that requires non-church employers to provide free contraceptives. Little Sisters of the Poor, a group of Catholic nuns who run housing for the elderly poor across the country and provide healthcare to employees and nuns, believe that there should be religious freedom in healthcare. Although HHS amended the regulation under the Trump administration, several state governments sued to enforce the old rule. That mandate does not exempt religious non-profits like the Little Sisters of the Poor, who are now seeking protection under the Religious Freedom Restoration Act from possibly millions of dollars of fines. In March of this year, Professor Duncan filed an amicus brief in support of the Little Sisters of the Poor on behalf of Residents and Families of Residents at Homes of Little Sisters of the Poor around the country.
The oral argument for the case is set for Wednesday, May 6th at 10 am, and for the first time in Supreme Court history the audio will be live streamed.