[Congressional Record Volume 162, Number 78 (Tuesday, May 17, 2016)]
[Senate]
[Pages S2834-S2835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            ZUBIK V. BURWELL

  Mr. REID. Mr. President, yesterday, the Supreme Court chose not to 
rule on the merits of Zubik v. Burwell, a case brought by religiously 
affiliated nonprofit employers challenging the accommodation to the 
Affordable Care Act's contraceptive coverage provision. Instead, the 
Court remanded the case to lower courts for further proceeding.
  The good news is that the order doesn't stop women who rely on the 
Affordable Care Act for contraceptive coverage from getting the 
services they need while the legal process plays out. But this remand 
highlights that the Supreme Court cannot properly do its job until we 
do ours here in the Senate. We must give Judge Merrick Garland a 
hearing and a vote so the Supreme Court can become fully functioning 
again.
  There have been numerous cases that have been determined differently 
because of a 4-to-4 split. A number of them are just tied 4-to-4. A 
     number of them have been remanded back to lower courts 
     without action.
  The Supreme Court to do its job needs nine--nine--Justices. So I hope 
the time is coming quickly when American women will know once and for 
all that their bosses can't interfere with their health care decisions, 
and I am confident the courts will ultimately do the right thing and 
uphold the Affordable Care Act's accommodation to the contraceptive 
coverage provision. Until that time, though, Senate Democrats will 
continue to watch this matter very closely and do everything in our 
power to defend access for women to birth control measures that they 
feel appropriate.
  Mr. President, I think it is such a blight on the Senate that we are 
not doing anything to fill that ninth spot. It needs to be done, and it 
needs to be done quickly. Justice is being delayed. Justice is not 
being served.
  I see my friend from Montana is on the floor. I ask the Chair, prior 
to his being recognized, to tell the Senate what we are going to do 
today.

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