[guest post by JVW]
The Supreme Court today chose to not issue a ruling on whether the Little Sisters of the Poor can be required by the Obama Administration to pay for contraception for its workers, and instead sent the case back to the appellate court for further consideration of the initial ruling against the Little Sisters in light of recent statements from the administration.
This is probably the best outcome that those who oppose ObamaCare’s smorgasbord of mandates could have hoped for, given the fact that the short-handed court is now ideologically divided and that the left-wing bloc of Ginsberg, Breyer, Sotomayor, and Kagan almost never strays from progressive orthodoxy. Here is the exact language from the Court’s per curium decision:
In light of the positions asserted by the parties in their supplemental briefs, the Court vacates the judgments below and remands to the respective United States Courts of Appeals for the Third, Fifth, Tenth, and D. C. Circuits. Given the gravity of the dispute and the substantial clarification and refinement in the positions of the parties, the parties on remand should be afforded an opportunity to arrive at an approach going forward that accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans “receive full and equal health coverage, including contra- ceptive coverage.” Id., at 1. We anticipate that the Courts of Appeals will allow the parties sufficient time to resolve any outstanding issues between them.
According to the Fox News article, this temporary truce means that the government may still officially require the Little Sisters to provide contraception, but it cannot fine them for failing to do so. Pro-life groups are treating this vacating of the fines as a major victory, though clearly this issue is likely to be back in 2017, especially if a Democrat wins in November.
– JVW