March 29, 2016

Abortion mandate cases teeter on edge of 4-4 ruling

Alliance Defending Freedom attorney Greg Baylor is representing two of the Christian universities seeking relief from the mandate. He says with the recent death of Justice Antonin Scalia it's possible the court could wind up with a four-to-four decision.

"So that would leave in place all seven decisions that the court was reviewing,” he says. "And all seven of those cases, unfortunately, were losses for religious organizations that cannot comply with the mandate in a manner consistent with their religious conscience."

According to Baylor, it's also possible that the eight remaining justices could decide to do nothing for now. "Their second option would be to not issue any kind of decision at all and set the case for re-argument at a time when there are nine justices on the court," he says.

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