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WASHINGTON (AP) — The death of conservative Justice Antonin Scalia means next month's Supreme Court arguments over contraceptives, religious liberty and President Barack Obama's health care law appear more likely to favor the administration.
Faith-based hospitals, colleges and charities argue that the Obama administration's accommodation to spare them from paying for birth control under their health plans still makes them complicit in providing contraception to which they have religious objections.
Without Scalia's vote, a case that conservatives might have won 5-4 could end in a 4-4 tie, leaving in place the conflicting decisions of lower courts. Supreme Court lawyer Thomas Goldstein says to avoid that confusion, Justice Anthony Kennedy could join the court's four liberal justices to uphold the Obama administration's arrangement.
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