Prolonged Vacancy “Undermines” SCOTUS, Says NY Times

“Every day that passes without a ninth justice undermines the Supreme Court’s ability to function, and leaves millions of Americans waiting for justice or clarity as major legal questions are unresolved,” the New York Times editorial board wrote this week. This week in the Zubik v. Burwell case, challenging the Affordable Care Act’s requirement that employers’ health care plans cover the cost of birth control for their employees, the Court sent the suit back to lower courts with instructions to craft a compromise, a “highly unusual” order that “solves nothing,” the board wrote. “Even if these plaintiffs can find their way to an agreement with the government that satisfies their religious objections, there are other employers with different religious beliefs who will not be satisfied, and more lawsuits are sure to follow.” The Times’ board attributes the compromise proposal to a Court split 4-4 among conservative and liberal-leaning justices, which has been the case since Justice Antonin Scalia died in February. “Despite what Senate Republicans may say about the lack of harm in the delay filling the vacancy, the court cannot do its job without a full bench,” the Times wrote.