The Supreme Court's ability to function as a body without Justice Antonin Scalia will get another big test when the court convenes Wednesday in the battle pitting religious freedom and birth control, NBC News reported.
The current eight-judge panel is set to hear its fourth Obamacare-related case, this time involving religiously affiliated nonprofits that are challenging a government provision requiring employers to include contraceptive coverage in their health care plans.
But with a court that's generally evenly divided along ideological lines, without Scalia, a 4-4 tie is entirely possible.That would leave the various lower court rulings in effect — an outcome the high court would rather avoid.
A tie would be especially problematic now because federal appeals courts that previously heard such cases were not in agreement on the issue. Three of the courts ruled for the government, but one ruled in favor of the religiously affiliated groups.
