Wheaton College v. Sylvia Burwell

Summary

Justice Sotomayor, joined by Justices Ginsburg and Kagan, dissents from the Court’s order granting Wheaton College an emergency injunction under the All Writs Act. The dissent argues that Wheaton’s RFRA claim does not show an indisputably clear right to relief, that the accommodation does not substantially burden its religious exercise, and that the Court lacks authority to rewrite HHS regulations. Consequently, the dissent would deny the injunction.