Skip to content
Noah Feldman

Compromise Is a Losing Battle for the Supreme Court

Court's effort to avoid a tie on contraception case just led sides to hunker down.
Nuns outside Supreme Court.

Nuns outside Supreme Court.

Photographer: SAUL LOEB/AFP/Getty Images

The briefs are in -- and the Supreme Court’s extraordinary effort to bring about a compromise in a contraceptive care case looks like a bust. Instead of finding a mutually agreeable solution, religious groups and the federal government appear to have only hardened their positions.

In simultaneous filings late Tuesday night, each side took the opportunity to strengthen their arguments over how religious organizations go about seeking an exemption to the mandate for providing employees contraceptive care under the Affordable Care Act.