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Injunction denial stands in Notre Dame contraception case

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A divided 7th Circuit Court of Appeals panel affirmed denial of a temporary injunction sought by the University of Notre Dame to block enforcement of the contraception mandate contained in the Affordable Care Act.

Notre Dame failed to convince the District Court for the Northern District of Indiana to grant an injunction blocking enforcement of the mandate. The Affordable Care Act allows religious institutions such as Notre Dame to sign a form opting out of paying for contraception, but insurers must provide such services to women at no cost to them.

Circuit Judge Richard Posner wrote for the majority joined by Judge David Hamilton in University of Notre Dame v. Kathleen Sebelius, 13-3853, that it was unclear what Notre Dame was asking the court to do, since a requirement that it provide a form opting out didn’t trigger provision of contraceptive services.

“If the government is entitled to require that female contraceptives be provided to women free of charge, we have trouble understanding how signing the form that declares Notre Dame’s authorized refusal to pay for contraceptives for its students or staff, and mailing the authorization documents to (insurers), which under federal law are obligated to pick up the tab, could be thought to ‘trigger’ the provision of female contraceptives.”

But Circuit Judge Joel Flaum would have reversed and granted the injunction, believing that Notre Dame has a strong case under the Religious Freedom Restoration Act – a position on the likely outcome the majority cautioned against reaching in an interlocutory appeal.

“I conclude that Notre Dame has shown a likelihood of success on the merits, and that it has met the other requirements for a preliminary injunction,” Flaum wrote. “I would therefore reverse the district court’s order denying relief.”




 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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