�������ýҕ�l

The Supreme Court, in an unsigned unanimous opinion, announced on Monday that it would not rule in a major case on access to contraception, and instructed lower courts to consider whether a compromise was possible. The opinion is the latest indication that the Supreme Court, which currently has eight members, is exploring every avenue to avoid 4-to-4 deadlocks, even if it does not decide the question the justices have agreed to address. (Liptak, 5/16)

The decision averted a 4-4 tie, which would have left different rules in place in different parts of the country concerning the availability of cost-free birth control for women who work for faith-affiliated groups. But the outcome was itself inconclusive and suggested that the justices could not form a majority to issue a significant ruling that would have settled the issue the court took the case to resolve. (5/17)

Both sides in the lawsuits had made concessions since the case was argued in March, Chief Justice John G. Roberts Jr. said in announcing the decision from the bench. A pause will provide an opportunity for them 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 contraceptive coverage,” the opinion said. (Barnes, 5/16)

The Texas case is among seven related lawsuits the high court agreed to hear together in which religious nonprofits argue the mandate infringes on their religious freedom. The Obama administration says the groups are offered a way around the requirement through a mechanism that still gives women access to free contraception. (Ura, 5/16)

“We are all grateful to God and the Supreme Court justices that they…recognize our willingness to reach a resolution that allows us to abide by our faith and the government to achieve its goals,” said the lead case’s plaintiff, the Most Rev. David Zubik, Roman Catholic bishop of Pittsburgh. President Barack Obama said in a Monday interview with BuzzFeed that “the practical effect is, right now, women will still be able to get contraception if they are getting health insurance and we are properly accommodating religious institutions who have objections to contraception.” (Bravin and Radnofsky, 5/16)

The White House said on Monday that millions of American women will continue to have access to health insurance that they need, despite the Supreme Court's ruling in a case involving contraception coverage under the Obamacare law. "We were gratified by the ruling today," White House spokesman Josh Earnest told reporters. "And this announcement does ensure that millions of women across the country can continue to have access to their healthcare. And it is a reflection of something we have long believed: which is that it is possible to prioritize both access to healthcare for everybody while protecting the religious liberty of every American." (Gardner and Heavey, 5/16)

The court took a tortured path to the Zubik decision. Two years ago in Hobby Lobby v. Burwell, the justices ruled the same Affordable Care Act contraception coverage requirement violated the religious beliefs of certain for-profit companies. The court said that the administration cannot require these owners to include birth control in their insurance plans. But the non-profit organizations operated under different rules than the for-profit businesses. (Haberkorn, 5/16)

It remains unclear exactly what the lower courts might do. In an effort to break what was clearly a 4-4 deadlock, the court in March asked each side for supplemental material outlining any potential compromises. The decision Monday referred to those new briefs as suggesting that providing contraceptive coverage without requiring notice from religious employers “is feasible.” But Sotomayor and Ginsburg, in their concurring opinion, noted that “the Courts of Appeals remain free to reach the same conclusion or a different one on each of the questions presented by these cases.” (Rovner, 5/16)

In the short term, the government can take steps to make sure that women covered by the groups' health plans have access to cost-free contraceptives. At the same time, the groups will not face fines for refusing to comply with administration rules for objecting to paying for birth control. (5/16)