By Kelsey Rupp
Note: This article was originally published on May 16, 2016.
Since the death of conservative Supreme Court Justice Antonin Scalia
earlier this year, the Court has seemed hesitant to tackle questions
that divide the nation.
The Court has accepted fewer cases, settled more cases in tie votes (which do not set a binding legal precedent), and, in the case of Zubik v. Burwell, even took the unusual step of asking each side to send additional briefs on the case after it had already heard oral arguments.
Now the judicial restraint continues.
The Supreme Court signaled on Monday it isn’t ready to tackle the
controversial conversation about the extent of federal religious freedom
protections.
The Court issued a surprise decision Monday by sending the case against Obamacare’s contraception mandate by religious non-profits, including the Little Sisters of the Poor, back to the lower courts to examine alternative accommodations to the mandate.
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