Supreme Court Justice Anthony Kennedy on Wednesday seemed to side with conservatives on important points in a case challenging the religious “accommodation” to ObamaCare’s contraceptive mandate.
Kennedy, who is often the swing vote in divisive cases, seemed to accept the view of the challengers that they face a “substantial burden” in opting out of the mandate to provide contraception coverage in their health plans.
“The analysis has to be whether or not there are less restrictive alternatives,” Kennedy said.
Still, Kennedy posed questions to both sides in the case, and oral arguments do not always indicate where the justices stand.
Religious nonprofits such as the Little Sisters of the Poor are challenging the accommodation to a requirement that all insurance plans cover birth control, arguing they are still complicit in providing contraceptive coverage in violation of the Religious Freedom Restoration Act (RFRA).