President Barack Obama, announces the nomination of chief judge Merrick Garland, of the U.S. Court of Appeals for the District of Columbia Circuit, right, to the U.S. Supreme Court, at the Rose Garden. March 16, 2016. (Photo: Diego M. Radzinschi/NLJ)

President Obama said on Monday the U.S. Supreme Court might not have “punted” on a challenge to the Affordable Care Act’s contraception mandate if the court were sitting with nine justices.