Perhaps it’s a positive development. The Becket Fund is calling it a win for the Little Sisters of the Poor. First, the news from CNN,
Washington (CNN) The Supreme Court on Monday avoided issuing a major ruling on a challenge brought by religiously affiliated non-profit groups to the Affordable Care Act’s contraceptive mandate.
The justices, in a unanimous decision, wrote that they were not deciding the case on the merits but instead sent the case back down to the lower courts for opposing parties to work out a compromise.
The decision to send the case back to the appellate level appears to be a direct impact of Justice Antonin Scalia’s death in February. Scalia, a stalwart conservative, would likely have ruled against the Obama administration.
In its ruling Monday, the court said it is not deciding whether the religious exercise of the challengers has been substantially “burdened.”
“When all is said and done, the challengers may well get what they want — not having to directly provide contraceptive coverage against their religious beliefs,” Vladeck said. “But if the court gets its way, that will be the result of a pragmatic compromise, not a legal ruling about the balance between individual rights and religious freedom.”