Dive Brief:
- The Supreme Court has asked lawyers of seven cases to submit additional briefs as the court seeks a compromise to allow religious nonprofits to avoid being involved in offering contraceptive coverage but wants to ensure employees receive coverage if wanted.
- The request for additional briefs indicates the court wants to break the 4-4 decision as it has issued two divided opinions in the past week following Justice Antonin Scalia's recent death.
- The order for additional briefs stated, "The parties are directed to address whether and how contraceptive coverage could be provided to petitioners' employees, through petitioners' insurance companies, without any such notice from petitioners."
Dive Insight:
The 'contraceptive mandate' developed from the ACA and requires employer's health plans to at least partially cover contraception. The mandate was changed last year to allow religious employers to opt out as well as employers with moral objections. Religious groups claim even though they don't pay for the contraception they still have to authorize it, which infringes their First Amendment rights as well as their rights under the Religious Freedom Restoration Act.
The Court's request for additional information could delay a ruling, according to Reuters, which is due by the end of June.