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Judge rejects Notre Dame bid for injunction on contraception coverage

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A federal judge denied the University of Notre Dame’s request for an injunction blocking the “contraception mandate” in the Affordable Care Act that requires employers to provide insurance coverage for birth control.

“While the interests for and against injunction are very closely balanced, I find that the low likelihood of Notre Dame’s success on the merits tips the sliding scale towards denial of the preliminary injunction,” wrote Chief Judge Philip P. Simon of the District Court for the Northern District of Indiana in South Bend.

Simon ruled Friday in University of Notre Dame v. Kathleen Sebelius, et al., 3:13-CV-1276.

Notre Dame refiled its federal suit earlier this month seeking to block enforcement of the mandate that it claimed violated its religious liberties under the First Amendment and the Religious Freedom Restoration Act.

Simon wasn’t persuaded. Notre Dame, he wrote, already may opt out of the mandate.

“If Notre Dame takes that tack, someone else provides the coverage, and not on Notre Dame’s dime. Notre Dame nonetheless claims that by formally opting out, it would trigger, or authorize, a third party’s provision of contraception, and it objects to that.

“Notre Dame wants to eat its cake, and have it still, at the expense of Congress, administrative agencies, and the employees who will be affected. Notre Dame is free to opt out of providing the coverage itself, but it can’t stop anyone else from providing it. But that is essentially what Notre Dame is requesting,” Simon wrote.

“The government isn’t violating Notre Dame’s right to free exercise of religion by letting it opt out, or by arranging for third party contraception coverage. For these reasons … because I find that Notre Dame is not likely to succeed on the merits, a preliminary injunction is not warranted.”
 

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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