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Wednesday, February 12, 2014

Ind. Decisions - More on: 7th Circuit hearing appeal of Notre Dame ACA chellenge this morning [Updated]

Updating this ILB post from this morning, here is the South Bend Tribune story reported by Madeline Buckeley, who attended the argument. Some quotes:

CHICAGO — A panel of federal appellate court judges Wednesday morning vigorously questioned an attorney arguing Notre Dame’s case that asks for relief from an Affordable Care Act provision that requires the university's health plans to cover contraceptives.

Notre Dame's attorney Matthew Kairis argued in front of a panel of three judges that the school's contractual agreement with Meritain Health Inc., a third-party health insurance administrator, involves it in the process of providing coverage for birth control, even if the university isn't paying for it.

In questioning that grew contentious at times, the judges repeatedly asked Kairis to explain why Notre Dame objects to what they said was essentially letting the government know they will not pay for the birth control coverage.

"The role seems so trivial," Judge Richard A. Posner said.

The university is fighting the mandate in an ongoing federal lawsuit that argues the provision in the health care legislation violates Notre Dame's right to religious freedom.

[Updated] Here is the link to the audio of today's oral argument in 13-3853 | University of Notre Dame v. Kathleen Sebelius.

Posted by Marcia Oddi on February 12, 2014 04:45 PM
Posted to Ind Fed D.Ct. Decisions