The opinion explicitly dodges the thorny issues presented in the challenge.
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In an unsigned unanimous opinion, the court said it is sending the case back to lower courts to explore whether a compromise in the case is possible.
But the death of Justice Antonin Scalia in February left the justices split 4-4 on the underlying dispute. And it pointed to the prospect of other cases ending in a tie among the 31 that remain unresolved.
Although the Obama administration argued strenuously in opposition, it also conceded that the court’s concept could workably ensure “that the affected women receive contraceptive coverage seamlessly, together with the rest of their health coverage”. As per the health law, the employers are obliged to provide birth control pills to women in need in accordance to employee health plans.
The plaintiffs of Zubik v. Burwell argue they should not have to fill out the required forms required to explain why they are opting out of providing birth control because doing so makes them complicit in providing women with contraception, which goes against their religious convictions.
The administration said the buffer shielded groups from paying for birth control if they objected on moral grounds.
“The government has shown a tremendous degree of sensitivity and flexibility in accommodating religious concerns from employers”, Sepper said. Obama has nominated Judge Merrick Garland. Justice Sotomayor stated that she joined the court’s decision “because it expresses no view on “the merits of the cases, ‘ “whether petitioners” religious exercise has been substantially burdened, ‘ or ‘whether the current regulations are the least restrictive means of serving” a compelling governmental interest”.
The justices emphasized that they were deciding nothing.
Both sides appeared open to the compromise in their briefs, and, in Monday’s announcement, the Supreme Court appeared ready to hold them to their responses, said Robin Fretwell Wilson, a professor of law and the director of the Family Law and Policy Program at the University of IL.
It is now in the hands of the lower courts to work out a deal and settle the case. The court ruled against the company then. Only groups that have challenged the rules are exempt at the moment. The court said that the administration can not require these owners to include birth control in their insurance plans.
In the Texas case, a federal district court previously sided with the universities, blocking the mandate from going into effect. Under the Hobby Lobby ruling, organizations were given the same option of having insurers contact employers directly in the company objected.
The Supreme Court is playing hot potato with a hot-button issue: mandated contraception coverage.
In Monday’s case, groups invoked the same law.
But the religious challengers – led by Catholic nuns who run Little Sisters of the Poor’s home for impoverished seniors in Denver – are declaring victory.
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Contraception is a preventive service that must be provided at no extra charge under the Affordable Care Act.
