By sending the contraceptive mandate case back to the lower courts without a clear path forward, the U.S. Supreme Court could end up revisiting the issue in the next administration, observers say.
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In March, justices voiced their belief that Obamacare forcing companies to cover birth control or drugs that cause abortions “violated the Religious Freedom Restoration Act because it allowed the government to “hijack” the insurance plans of the religious groups that are the petitioners in the case”.
The court was considering whether the government was violating the religious freedom of certain faith-based groups by providing health insurance covering birth control to their female employees.
The court’s action avoided a possible 4-4 split that would have affirmed the lower-court rulings.
Monday’s unsigned order takes pains to explain that this is not a ruling on the merits, that the court is not deciding the issues the case: “The Court finds the foregoing approach more suitable than addressing the significantly clarified views of the parties in the first instance”.
She notes that “the Courts of Appeals remain free to reach the same conclusion or a different one on each of the questions presented by these cases”.
The failure to arrive with a final ruling is also said to have been caused by the recent passing of Supreme Court Justice Scalia, leaving only 8 seats filled, with 4 conservatives and 4 liberals.
When it comes to the issue of religious rights versus no-cost contraception, the only thing the Supreme Court could agree on was not to decide the case.
Supporters of the Affordable Care Act hold up signs as the opinion for health care is reported outside of the Supreme Court in Washington, Thursday June 25, 2015. “In particular, the court does not decide whether petitioners’ religious exercise has been substantially burdened, whether the government has a compelling interest, or whether the current regulations are the least restrictive means of serving that interest”, stated the opinion that accompanied the unanimous decision. The decision Monday referred to those new briefs as suggesting that providing contraceptive coverage without requiring notice from religious employers is feasible..
A compromise that allows religious nonprofits to request insurance plans without contraceptive coverage instead of notifying the government of their need for an accommodation is still a major victory for the petitioners, Wilson said.
At the center of the debate is an accommodation that the government makes for nonprofit groups that are affiliated with religious organizations, such as hospitals.
Under the federal health care act, employers with 50 or more full-time employees are required to offer health plans with “minimum essential coverage”, including access to federally approved contraception for women, without co-payments or deductibles.
“The government has shown a tremendous degree of sensitivity and flexibility in accommodating religious concerns from employers”, Sepper said.
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The Obama administration indicated a willingness to accept that compromise, as long as women are not denied birth control.
