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SCOTUS Sends Obamacare Contraception Mandate Case Back to Lower Courts

AP
May 16, 2016

The U.S. Supreme Court on Monday sent a challenge to Obamacare’s contraception mandate back to lower courts and did not decide whether the requirement violates the religious freedom of religious non-profits.

The justices unanimously agreed to send the case back to federal appeals courts, USA Today reported, in hopes that a compromise can be reached to honor objections to the mandate by religious-affiliated organizations, like Catholic charity Little Sisters of the Poor, and also ensure that the employees of these groups receive contraceptive coverage.

"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."

At issue in the case, Zubik. v. Burwell, is whether the Affordable Care Act’s contraception mandate violates the Religious Freedom Restoration Act by requiring religious non-profit groups like charities and hospitals to violate their religious beliefs by providing contraception coverage to their employees.

In the much-anticipated "Hobby Lobby" ruling in 2014, the Supreme Court ruled that requiring family-owned for-profit companies objecting to the mandate to pay for contraception coverage for their employees violated the Religious Freedom Restoration Act. Houses of worship like churches, mosques, and temples are exempt from the mandate.

Monday’s ruling will return the non-profit groups’  challenges to the contraception mandate to federal appeals courts across the country so they can make a decision based on recent statements. Meanwhile, the groups will not be fined for not cooperating with the Obamacare requirement.

Lawyers for the Little Sisters of the Poor celebrated the move as a win for religious liberty.

"We are very encouraged by the Court’s decision, which is an important win for the Little Sisters. The Court has recognized that the government changed its position," Mark Rienzi, senior counsel at the Becket Fund for Religious Liberty and lead attorney for the Little Sisters of the Poor, said in a statement.

"It is crucial that the Justices unanimously ordered the government not to impose these fines and indicated that the government doesn’t need any notice to figure out what should now be obvious--the Little Sisters respectfully object. There is still work to be done, but today’s decision indicates that we will ultimately prevail in court."

The ruling comes at a time when the Supreme Court equally divided along ideological lines following the death of Justice Antonin Scalia in February. The contraception mandate case will likely not return to the court during President Obama’s last year in office.