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Three Big Cases That Are Left for the Court to Decide

With Saturday's sudden passing of Supreme Court Justice Antonin Scalia, many were concerned with what would happen to the remaining cases that have yet to be decided. If the Supreme Court comes down to a 4-4 tie, the decision of the lower court will stand.


Here are three big cases that the Supreme Court has yet to decide:

Fisher v. University of Texas

This case deals with affirmative action, and oral arguments were heard in December. Scalia came under fire for out-of-context comments that suggested that black students perform better at "lesser" schools. Justice Elena Kagan is recused from this case, meaning that the vote is not necessarily tied.

Whole Woman’s Health v. Hellerstedt

This case concerns the legality of Texas' law that requires abortion clinics comply with increased regulations and require doctors who perform abortions to have admitting privileges at nearby hospitals. The 5th Circuit Court of Appeals upheld the law, so if this case were to go into a tie, it would still be upheld. Arguments will be heard on March 2.

Little Sisters of the Poor v. Burwell

This case concerns the HHS Contraception Mandate. The Little Sisters of the Poor are a group of Catholic women  who were instructed to provide birth control to the employees of their nursing homes. The Little Sisters are hoping to get an exemption from the mandate. The lower court ruled against the Little Sisters, so a tie would mean that the mandate would stand.

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