Supreme Court Sends Hopeful Signal In Little Sisters' Case

In the most closely watched religious liberty case of its current term, the U.S. Supreme Court today dropped a major hint that it might not be content to let the passing of Justice Antonin Scalia result in a 4 – 4 deadlock that would force the Little Sisters of the Poor and other religious entities to choose between violating their consciences and closing up shop. In an extraordinary Order, the Court directs the parties to file supplemental briefs that specifically address how the contraceptive and abortifacient coverage mandated by the Obama Administration might still be obtained by religious objectors’ employees in a way that would not involve the objectors in any way in the process – including submitting the form that is required under the current HHS Mandate and is at the center of the current controversy.
Not only does the Court direct the parties to submit supplemental briefs no later than April 12th, the Court provides a detailed example of a procedure in which the Little Sisters’ moral dilemma would be addressed in a way that (the Court suggests) might be morally acceptable to the Sisters while, at the same time, achieving the government’s stated goal of removing barriers to contraceptive access. The Order does not present the parties with a “take it or leave it” example; instead, the Court invites the parties to come up with “other proposals along similar lines.”
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