KHN Morning Briefing

Summaries of health policy coverage from major news organizations

Appeals Court Rules Against Notre Dame In Contraception Lawsuit

News outlets covered the 2-1 ruling. 

The Hill: Court: Notre Dame Must Adhere To ObamaCare Birth Control Mandate
In a blow to religious colleges and universities across the country, the 7th U.S. Circuit Court of Appeals in Chicago denied Notre Dame's request for an injunction to the ObamaCare birth control mandate that requires the school to provide coverage for contraception.The injunction would have given Notre Dame a temporary reprieve from the birth control mandate, as the Roman Catholic school challenges the rule in court. But the appeals court ruled 2-1 that the school will have to comply with the rule, even before it hears the court's final decision (Devaney, 2/22).

Chicago Tribune: Court Rules Against Notre Dame In Health Care Law Appeal
The Roman Catholic university claims the mandate violates its religious belief, although the government allows religious employers to contract with third-party providers to offer contraception as part of their health care coverage. ... the court found that the university “has not yet shown that there is a substantial burden” in adhering to the requirements of the health care act. The court also noted that “the university hasn’t told us what exactly it wants enjoined at this stage of the litigation" (2/21). 

Politico: Court: No Reprieve For Notre Dame On Contraception Coverage Rule
While concluding that the university had not make the case for a preliminary injunction, [Judge Richard] Posner's opinion raised questions about the constitutionality of some provisions in the relevant Obamacare regulation. ... Dissenting Judge Joel Flaum said he would have granted a motion Notre Dame filed to drop the appeal. However, he said that failing that he would have ruled that the university was entitled to a preliminary injunction because of the apparent intrusion on the religious beliefs set forth by the school. ... Officials at Notre Dame did not immediately respond to a request for comment (Gerstein, 2/21).

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