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Judge rejects Notre Dame bid for injunction on contraception coverage

 

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by Dave StaffordDecember 24, 2013; published by IndianaLawyers.com

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.”

19 Responses to Judge rejects Notre Dame bid for injunction on contraception coverage

  1. elkaybee Reply

    December 27, 2013 at 8:37 am

    Bravo, Judge Simon!

  2. Brains Benton Reply

    December 27, 2013 at 8:42 am

    Anytime the pro-fetus anti-human crowd loses it’s a good day!

    • elkaybee Reply

      December 27, 2013 at 1:36 pm

      This isn’t looking good for Hobby Lobby, is it?

      • Brains Benton Reply

        December 27, 2013 at 1:54 pm

        No it isn’t thank goodness!

        An employee’s benefits are like his/her check, how they spend/use them is none of the employers business, not to mention that the cost of B/C pills are already built into the cost of insurance premiums so women are only asking that they get back what they are already paying for!

  3. disaffected Reply

    December 27, 2013 at 8:44 am

    Or as President Obama would say, “We are not giving in to radical religious groups like Christians.”

    • disaffected Reply

      December 27, 2013 at 8:46 am

      And, obviously, Laura says the same.

      • elkaybee Reply

        December 27, 2013 at 9:18 am

        I really can’t speak for POTUS, but I do like having my freedom from religion protected. Have a nice day!

        • Martha Crosley Reply

          December 27, 2013 at 9:36 am

          elkaybee,
          I think we are philosophical sisters.
          Happy New Year!

          • elkaybee

            December 27, 2013 at 10:12 am

            It seems so! You have a great 2014, too! It’s looking good for us!

        • disaffected Reply

          December 27, 2013 at 3:27 pm

          And exactly when did the Christians attack you with an ultimatum of believe or die? Your attacks on them are numerous within the C&P archives, but I’ve found no record of their assault on you.

          • elkaybee

            December 27, 2013 at 4:46 pm

            Look below, please.

  4. Hound Dog Reply

    December 27, 2013 at 12:04 pm

    From the looks of the most of these comments, there should have been a lot more abortions performed.

    • elkaybee Reply

      December 27, 2013 at 1:35 pm

      Spoken like a true Christian, who hold all life sacred!

      • disaffected Reply

        December 27, 2013 at 3:22 pm

        I would think you are just guessing about what Christians hold sacred, aren’t you? You don’t appear to have any experienced knowledge about them.

        • Brains Benton Reply

          December 27, 2013 at 3:55 pm

          Here’s a tissue Mr. Persucuted.

          • elkaybee

            December 27, 2013 at 4:54 pm

            The rightie fringe is having a bad time. Utah keeps performing same-sex marriages, NSA has been ruled legal, and Notre Dame takes a blow to their war on women. It looks like Hobby Lobby is going to fall, and Scalia says the door is open for same-sex marriage to be legal in all 50 states. “Dis” needs some time to grieve.

        • elkaybee Reply

          December 27, 2013 at 4:49 pm

          Some of my dearest friends and even some family are Christians, and I was reared in a church. Do you realize how weak your comment is? I could respect you if you just said, “I’ve got nothing.” Instead, you make a personal attack.

        • elkaybee Reply

          December 27, 2013 at 10:35 pm

          I expect I know a lot more scripture than you do. I studied it, but I just can’t take it seriously. Smug hate from people like you makes me proud not to be a “Christian.”

  5. JoeBiden Reply

    December 27, 2013 at 5:13 pm

    I’m guessing that Barack Hussein Obama won’t be Notre Dame’s commencement speaker this Spring.

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