By Nina Totenberg, NPR
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The death of Justice Antonin Scalia has left the Supreme Court with an even number of members. Today there, were signs that they may be headed for their first messy 4 to 4 tie in a major case. It’s one that could affect millions of Americans women’s access to birth control. NPR legal affairs correspondent Nina Totenberg reports.
NINA TOTENBERG, BYLINE: Under the Affordable Care Act, houses of worship like churches, mosques and synagogues are automatically exempt from providing birth control coverage for their employees, but religious nonprofits ranging from large universities to small service organizations must notify either the government or the insurer if they wish to opt out on religious grounds – opt out from providing mandatory birth control coverage.
They contend that their religious rights are violated by signing a letter or one-page form because doing so triggers the government stepping in to work out with the insurer, like Blue Cross Blue Shield, separate, free birth control coverage for those employees or students who may want it.
On the steps of the Supreme Court today, Sister Lorraine Maguire of the Little Sisters of the Poor, an order that runs homes for the elderly, explained why the group is part of the suit.
LORRAINE MAGUIRE: The government is requiring us to make changes in our religious health care plan to include services that really violate our deepest-held religious beliefs.
TOTENBERG: But Brent Walker of the Joint Baptist Committee disagreed.
BRENT WALKER: Saying no thank you and allowing the government to deal with the secular insurance company simply does not amount to a substantial burden on the exercise of religion.
TOTENBERG: Inside the courtroom, it appeared there was a clear conservative-liberal split with Chief Justice Roberts, Justice Alito and, presumably, Justice Thomas fiercely objecting to the accommodation and the court’s three female justices and Justice Breyer just as fiercely suggesting that the law reasonably accommodates religious nonprofits in order to provide a service deemed necessary for female health. That left the deciding vote with Justice Kennedy. If he sides with the conservatives, there would be a 4 to 4 tie. If he votes the other way, the vote would be 5 to 3 to uphold the opt-out provision.
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