- The Supreme Court will examine Zubik v. Burwell on Wednesday to re-review the ACA's contraception mandate, which requires contraception to be at least partially covered by employer's health plans.
- The contraception requirement has been under attack from the beginning of the ACA, and was amended last year to allow not only religious employers to opt out, but also employers with moral objections.
- Without Scalia on the court, "the best plaintiffs can realistically hope for is a 4-4 decision," Morning Consult reports.
The arguments center on religious groups' objections to a compromise measure from 2013 that allowed them to get certified for an exemption and pass the tab for contraception on to their health plans.
The groups argue even though they don't pay for contraception under this arrangement, they are still being forced to authorize it, which they oppose. They say the compromise still infringes on their rights under the Religious Freedom Restoration Act (RFRA) and the First Amendment, and seek full exemption.
With Antonin Scalia's death last month, the plaintiffs find a different court than they had planned on. Scalia was considered as a shoo-in vote for the religious groups. However, if split down the middle as a 4-4 decision, lower court rulings, which ruled in favor of the Obama administration, would be left in place, Reuters reported.
The court is expected to issue a ruling by the end of June.