Carrie Severino, Chief Counsel and Policy Director of the Judicial Crisis Network, issued the following statement after Supreme Court oral arguments in Zubik v. Burwell:
As we saw today, the Supreme Court is only one vote away from a five-vote liberal majority that would undermine religious freedom. Forcing nuns to help provide contraception violates federal law and the Constitution, so the Obama Administration met stiff resistance from four of the justices. Justice Scalia was conspicuously absent and sorely missed. Although the Little Sisters’ counsel repeatedly put the government on the defensive, a tie vote among the remaining justices is still possible. If that happens, the court could end up affirming lower court rulings against the Little Sisters and the other religious non-profits. The more likely outcome, though, is that the Court will hold the case over until Justice Scalia’s seat is filled. The people should be given a voice to ensure the Obama Administration doesn’t replace Justice Scalia with a justice who would give short shrift to religious freedom.