Justices divided over new challenge to health care law

Associated Press

WASHINGTON

In a new challenge to President Barack Obama’s health care law, the Supreme Court appeared deeply and evenly divided Wednesday over the arrangement devised by the administration to spare faith-based groups from having to pay for birth control for women covered under their health plans.

Ninety minutes of crisp arguments and frequent interruptions by the justices indicated that the court seemed headed for a 4-4 tie that would leave the issue unresolved nationally. Or the court could have a new round of arguments once a ninth justice is confirmed to take the place of Justice Antonin Scalia, who died last month.

The case could factor into the fight over Obama’s Supreme Court nomination of Judge Merrick Garland. And in its volatile mix of religious liberty and birth control, it also could play a role in the presidential campaign.

If the justices are as firmly split between liberals and conservatives as they signaled Wednesday, the court could say so as early as next week, or wait until the end of June.

Wednesday was the sixth anniversary of President Barack Obama’s health care overhaul; the case in front of the justices is the law’s fourth Supreme Court appearance in five years.

Nationwide, eight appeals courts, including four with decisions being challenged in the current case, have sided with the administration, and one has ruled for the groups. A 4-4 outcome would leave different rules in place in different parts of the country.

In 2014, the justices divided 5-4 with Scalia in the majority to allow some “closely held” businesses with religious objections to refuse to pay for contraceptives for women. That case involved the Hobby Lobby chain of craft stores and other companies that said their rights were being violated under the 1993 Religious Freedom Restoration Act.

Catholic and Protestant colleges, charities and advocacy groups are invoking the same law in asking that the government find a way that does not involve them or their insurers if it wishes to provide birth control to women covered by their health plans.