In a decision that is sure to frustrate activists on both the left and right, the Supreme Court announced Monday that it will not make a ruling on the challenge to the contraception mandate in the Patient Protection and Affordable Care Act (PPACA).
Instead, the court released a unanimous opinion instructing lower courts to explore the possibility of a compromise on the issue.
The unusual move is almost certainly prompted by the fact that, with only eight members due to the vacancy left by the death in February of former Justice Antonin Scalia, the court was positioned for a deadlock. In the case of a tie vote, the opinions of the lower courts would stand anyway.
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