Scalia death a blow to Obamacare contraception challengers

............


The court, divided 4-4 between liberal and conservative justices without the conservative Scalia, is set to hear the case on Wednesday.

Scalia was considered a reliable vote for the religious groups. In 2014, he was in the majority when the court ruled 5-4 that family-owned companies run on religious principles, including craft retailer Hobby Lobby Stores Inc, could object to the provision for religious reasons.

If the four conservatives who sided with Scalia in that case remain unified, the best result the challengers could get would be a 4-4 split. That would leave in place lower-court rulings that favored the Obama administration.

"Unless the court's four justices in the dissent in Hobby Lobby dramatically change their minds, the likely worst outcome for the government would be a 4-4 split," said Gregory Lipper, a lawyer with Americans United for Separation of Church and State, which filed a brief backing the Obama administration.



............