Judge rejects Notre Dame bid for injunction on contraception coverage




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.”


      • 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!

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

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

      • 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.

          • 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.

        • 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.

        • 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.”

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

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