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Supreme Court Sends Hopeful Signal In Little Sisters Religious Liberty CaseThis is an extraordinary and hopeful development. While most observers of last Wednesday's oral argument on the case walked away believing that the Court was split 4-4—a result that would have meant a loss for the Little Sisters and others who lost at the courts of appeal—today's development appears to indicate that the Court is, instead, struggling to fashion a resolution of the case that both sides can live with. [ACLJ.org] 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. (Screengrab via Little Sisters of the Poor/YouTube) In an extraordinary Order issued [this week], 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. Such an acknowledgment (later denied, somewhat weakly, by the government's lawyer) would trigger an obligation by the government to pursue its objectives by means that would be the "least restrictive" upon the Sisters' religious liberty. What today's Order suggests, if nothing else, is that there may be a majority of the Court that, in pondering the implications of this case, is grappling with the realization that there are, in fact, less restrictive means available to the government, one of which is outlined in today's Order itself.
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