Supreme Court sends 'contraceptive mandate' cases back to lower courts
WASHINGTON The Supreme Court sought a compromise Monday on challenges by non-profit religious groups to the federal requirement that they play a minor role in offering free coverage of contraceptives to their female employees.
The justices unanimously sent the cases back to federal appeals courts in hopes that they can emerge with a way to honor the objections of religious non-profit groups, such as charities and hospitals, while still guaranteeing free birth control to their employees.
"The court expresses no view on the merits of the cases," the opinion stated. "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."
The ruling was another example of the eight-member court's relative inertia without Justice Antonin Scalia. Already this year, the court has tied 4-4 in three cases, including a major labor rights case, and has greatly reduced the number of new cases it is accepting for next term. On Monday, it also sent a major class action case back to a federal appeals court for further action.
http://www.usatoday.com/story/news/2016/05/16/supreme-court-contraception-mandate-obama-religious-objectors/82358568/