From Religion Clause: “My nomination for [the sleeper issue to emerge] in 2016 is the question of whether the retirement plans of many religiously-affiliated healthcare organizations will, as the 3rd Circuit recently held, be found not to qualify for the ‘church plan’ exemption from ERISA on which they have relied. Many of these plans will be underfunded by tens or hundreds of millions of dollars if they are required to comply with ERISA.”
