Supreme Court wants different arguments on birth control case
Mar 30, 2016 06:19 AM EDT
There is a brewing argument between faith-based groups and the Obama administration regarding the issue of birth control. This is the reason the Supreme Court is looking into other compromising possibilities.
During the hearing last week, the justices ordered both sides of the party to file another round of legal argument. The Obama administration is pushing for a law that covers the health plans of women in order to get access to free birth control.
As reported by the Los Angeles Times, the eight justices heard the oral arguments in which the non-profits organization said that the Obama administration is violating the Religious Freedom Act by forcing women to put in writing that they object to providing birth control to female.
The tied voting of 4-4 has left different rules in different countries due to the conflicting rulings of the lower courts. This will stay unless a ninth determining judge will be appointed to replace the late Justice Scalia.
The administration, however, has created a financial buffer to exclude non-profit colleges, charities and advocacy groups from involving in the provision of contraceptives to which their religion is against. The accommodation made by the administration was agreed upon by eight federal appeals court which say this does not violate the rights of religious groups. The 8th U.S Circuit Court of Appeals in St Louis, however, ruled differently as per WRAL.
Nonetheless, Chief Justice John Roberts and Justice Anthony Kennedy said in their decision which was also agreed upon by the opposing group that they will still remain complicit in the process due to the fact that they have to object to the contraceptive coverage and will have to notify the government or their insurer about it. They added that this process will trigger the possibility of the government to intrude in their healthcare plans.
According to the Kaiser Health News, senior counsel for the Alliance Defending Freedom David Cortman, who also represents two of the religious organizations that filed a case against the government, finds the justices' decision a positive development.
Religious institutions and other house of worship are all expempted from the new birth control requirement. In the 2010 health care law, contraception is considered as a preventive service that must be provided at no extra charge.