Patterico's Pontifications

5/16/2016

Little Sisters Case Punted Back to Appeals Court

Filed under: General — JVW @ 9:45 am



[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

26 Responses to “Little Sisters Case Punted Back to Appeals Court”

  1. I wonder if the Court’s left-wing bloc is starting to worry that giving too much enforcement discretion to the executive branch could come back to haunt them, should someone ideologically opposed to their agenda be elected.

    JVW (eabb2a)

  2. All the other reports of this seem to be using the verb “punted,” so I tried to find another word (“pass,” “defer,”), but honestly, “punt” really is the best description. Sometimes the word everyone settles on really is the best descriptor.

    JVW (eabb2a)

  3. It may be a punt, but it’s a punt that put the Obama policy back at its own 2 yard line.

    Mitch (341ca0)

  4. It may sound like a victory but doesn’t it seem to be another Roberts-style attempt to ultimately defer to the government and keep a bad statute alive? The only victory for now seems to be the Little Sisters won’t have to sign and submit a government form to opt out of paying for and offering coverage that their employees are going to receive somehow with no involvement by the Little Sisters. How is this magical process really going to work?

    crazy (cde091)

  5. this punting dealio doesn’t change the price of my peabnut bubber

    however, here is an 80s song what is apropos

    happyfeet (a037ad)

  6. It doesn’t concern you because it isn’t a principle you care about, and don’t care about other people’s freedoms.

    JD (2d0886)

  7. http://www.supremecourt.gov/opinions/15pdf/14-1418_8758.pdf

    Sotomayer’ concurrence leaves little doubt she would have held for Burrwell and that she is actively encouraging the appeals courts to rule as such.

    The _itch with no respect

    Joe - From Texas (debac0)

  8. i’ve got a pretty full plate right now just worrying about stuff like getting a new internet provider and stopping pee-stank and also i need to hire movers and get a haircut

    these lil sister pickles gonna have to mosey along without my help this time

    happyfeet (a037ad)

  9. But if Muslims were to complain that something irks their religious sovereignty, the earth would be moved to appease them.

    Cruz Supporter (102c9a)

  10. Happyfeet – you would NEVER stand on their side.

    JD (2d0886)

  11. The idea that Happyfeet would stand with the Sisters is silly.

    JD (2d0886)

  12. brb i have to go find sinead

    happyfeet (a037ad)

  13. Mr happyfeet, Sinead was last seen in Wilmette near Donald Rumsfeld’s boyhood home.

    Cruz Supporter (102c9a)

  14. She must be feeling very lost and scared

    happyfeet (a037ad)

  15. praise jesus she’s been found

    happyfeet (a037ad)

  16. A life as if it mattered

    Steve57 (eca648)

  17. I’m thinking I have more to do with Cherokee nation than Elizabeth Warren ever d.

    Plus I can use a bow.

    Steve57 (eca648)

  18. Little Sisters

    Little sisters don’t you
    Little sisters don’t you
    Little sisters don’t you break those sacred vows
    For the Left’s sacred cow cuz they all suck
    Yeah yeah, little sisters let ’em think that you don’t give a fu*k

    You know, they make it such a big thing
    Yeah, like they can’t fend for themselves
    Hey, they give it out like candy
    To every damn Jim Dandy
    Just like Santa and his elves

    Little sisters don’t you, little sisters don’t you
    Little sisters don’t retreat even an inch
    You put ’em on their heels and on the run
    Yeah, little sisters don’t you sit still for what Obama done

    Well, they just can’t keep their legs crossed
    Yeah, don’t know what love’s about
    Oh, the party gets a-goin’
    And then when it’s a-showin’
    They wanna rip that baby out

    Little sisters don’t you, little sisters don’t you
    Little sisters don’t you break those sacred vows
    It’s just their sacred cow and they all suck
    Yeah yeah, little sisters let ’em think that you don’t give a fu*k

    Colonel Haiku (6047c1)

  19. no no no mr the JD
    ima call these jesus nunny-buns a really cool funny clever name like lifeydoodles what show you ima cool edgy pickachu cos peestank goldy sacky harvardtrash i think
    im so witty belieber me i think

    scooby and scrappyfeet (0ed73d)

  20. I blame Scalia, just one more of the problems he caused by dying. GMU should punt on the law school thing too, call it the “He Who Must Not Be Named School of Law”.

    max (41ee8e)

  21. This should matter to anyone who thinks for themselves. To anyone who thinks they have that right.

    Steve57 (eca648)

  22. Say, for argument’s sake, the Little Sisters are wrong. Do you not have the right to be stupid?

    Steve57 (eca648)

  23. If you’re not for free speech in all cases, the right to say some wrong sh*t, than you are not for free speech. End of story.

    Steve57 (eca648)

  24. Err … this case is about freedom of religion? That other First Amendment right?

    nk (dbc370)

  25. I thought this was about RFRA, not the Free Exercise or Establishment Clause.

    Mitch (341ca0)


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