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Supreme Court Hears Church Plan Consolidated Cases
Jackson Lewis P.C. 
Mar. 30, 2017
"At first, Justices Sotomayor and Kagan both seemed hostile to the Defendants' view of the construction of the church-plan exemption. But this view seemed to change during the Plaintiffs' presentation.... Justices Alito and Kennedy seemed to focus on church-plan sponsors' long-standing reliance on the IRS/PBGC interpretations of the exemption.... Justice Kennedy also seemed concerned that hundreds of plans had sought and obtained the blessing of the IRS and/or PBGC, and could still face liability 30 years later. Chief Justice Roberts appeared to align with this view, asking Plaintiffs' counsel why those agencies took a view opposite to Plaintiffs' interpretation." [Advocate Health v. Stapleton, Nos. 16-74, 16-86, 16-258 (consolidated cases argued Mar. 27, 2017)]
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