U.S. Supreme Court Asks Parties for Paths to Settling Religious Contraception Case
Move suggests high court may be seeking to avoid 4-4 tie on a ruling
By BRENT KENDALL and LOUISE RADNOFSKY
Updated March 29, 2016 4:54 p.m. ET
WASHINGTON—The Supreme Court in an unexpected move Tuesday ordered a fresh round of briefs in a hot-button case examining an Obama administration arrangement for providing contraception coverage to women employed by religiously affiliated organizations.
The order, from the current eight-member high court, suggests the justices are looking for a compromise way to resolve the case without a 4-4 tie. The move is also the latest evidence of how Justice Antonin Scalia’s unexpected death last month is affecting a short-handed court. Earlier Tuesday, the court split evenly in a case over the ability of states to allow public-sector unions to collect mandatory dues from all workers.
The Supreme Court in a two-page order asked religious organizations challenging the contraception arrangement and the government to file briefs addressing whether and how female employees could obtain contraception coverage under the Affordable Care Act from religious employers’ insurance companies in a way that doesn’t require any involvement from the employer.
The court’s request will require plaintiffs to review their legal and theological positions. To date, Catholic bishops, in particular, have said they object to any system that uses their health plan as a vehicle for providing something they believe to be immoral, even if they are not directly involved in handling or paying for contraception. But some critics have said the bishops have much to lose from an adverse ruling and that they may be better off claiming a victory if the opportunity presents itself.
http://www.wsj.com/articles/u-s-supreme-court-seeks-new-arguments-in-religious-contraception-case-1459277779
