Advocate Health Care Network v. Stapleton (16-74)

argument 16-74

Advocate Health Care Network v. Stapleton

Supreme Court of the United States 1h 2m 5 speakers 8 chapters transcribed 6 days ago official recording ↗
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What is the central statutory provision (sub‑paragraph C‑1) at issue in Advocate Health Care v. Stapleton?

John G. Roberts 0:00
We'll hear argument first first this morning in case sixteen seventy-four, advocate health care network versus Stapleton and the consolidated case. Ms. Black?
Ms. Black 0:14
Thank you, Mr Chief Justice, and may it please the Court. Pension plans for religious nonprofits have been exempt from ERISA for over thirty years, whether or not a church established the plan. In the contrary holding of the three courts below should be reversed for three reasons. First, the text does not require a church to establish benefit plans for someone else's employees. Second, the government's consistent view over three decades has generated enormous reliance interest and warrants deference. And third. Affirmants would resurrect the precise problems that everyone understood the nineteen eighty amendment would fix. I could start with the text and the main text at issue here is subparagraph C one of section one thousand two thirty-three.
Ms. Black 1:10
And if you The government's brief actually has all the relevant provisions, so I think that's the easiest if you wanna look at their appendix. And C one is is reprinted um on a on pages eleven A. So again, we're looking at paragraph uh subparagraph C one of paragraph thirty three, which everyone in this case agrees expands the original church plan definition in subparagraph A. Now the only plausible reason that C one repeats the entire phrase a plan established and maintained by a church Is Congress intended that C one redefine and modify that entire phrase?
Elena Kagan 1:56
Why? There was a provision. that was proposed that would have done very clearly what you think this provision does now. Um And Congress didn't pass it. Um so an earlier version did exactly what you wanted. It said Um you can a plan that establishes and or maintained by
Ms. Black 2:23
a church. Um It it said established and and maintained. And the problem, Justice Sotomayor, is that i the the assumption is incorrect that that provision did everything that folks wanted. It actually didn't. It excluded The very plans that everyone concedes was intended to be covers. Well, plans established by churches and maintained by somebody else.
Elena Kagan 2:46
A plan established and maintained by a church includes a plan established and maintained by a church affiliated organization.
Ms. Black 2:54
Right, and that would have excluded Who? It would have excluded plans that were the church established and uh the the pension board maintained. And the other side I'm sorry, a plan
Elena Kagan 3:05
established and maintained by a church. So that's any plan established by this is the old language, by the way, so here but that's any church plan. Plus it defined includes a plan established and maintained by a church affiliated organization. Why is that a pension plan?
Ms. Black 3:24
Because the problem is that provision, the way it read, required the pension board to not only maintain it, but it would have had to establish it. And so that excluded but a plan established and maintained by a church affiliated organization. Right, but it said and and so if if the church established it then it wouldn't have been a church planned, uh established and maintained by a church. And it wouldn't have been a plan established and maintained by a pension board. So and I think the clear thing in terms of this uninterrupt I mean this unpassed piece of legislation is it came out in the last couple of days of this several year process and it the change went unmentioned, Justice Sotomayor, and it is it is just implausible that that change went unnoticed when it would have excluded all the plans that the religious community was up in arms about and all the plans that prompted the amendment in the first place.
Ms. Black 4:19
I
Anthony M. Kennedy 4:19
assume Ms. Ladd, there there is a you know, there would be a simple way of accomplishing what you think this provision accomplishes. You know, something along the lines of just saying any plan maintained by a church affiliated organization is a church plan or something like that. It's it's very odd language, this statutory language. And I'm wondering why you think that Congress chose to do, would you think it chose to do in this perplexing way rather than in a straightforward way.

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