Kathy McCormacK
March 12, 2021 - 9:36 AM
CONCORD, N.H. - The New Hampshire Supreme Court was split 2-2 Friday over a woman's nearly nine-year battle to challenge her firing from the state Department of Health and Human Services over breastfeeding, meaning a lower court's decision to dismiss her case stands.
When the court heard the case in January 2020, it lacked a fifth member after its chief justice stepped down the previous summer. Former Attorney General Gordon MacDonald was sworn in as chief justice last week, well over a year after the case was argued.
âI wasn't expecting a tie," said Kate Frederick, who has since worked on legislation in New Hampshire strengthening breastfeeding rights. She added, âIt's telling women and families, âNew Hampshire, we don't even acknowledge you, we don't even care about your issues, we're not going to decide this.'"