The U.S. Supreme Court on Tuesday asked for new a legal briefing in a challenge by Christian nonprofit employers to a requirement under President Barack Obama’s healthcare law to provide health insurance to female workers covering birth control, indicating the justices are struggling to decide the case.
The order issued by the court asks for more information on how contraceptive coverage can be obtained “in a way that does not require any involvement” of religious employers. In the oral argument in the case last week, the shorthanded eight-justice court appeared closely divided, raising the possibility of a 4-4 split that would leave in place lower court rulings that backed the Obama administration.
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