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Wednesday, May 20, 2015

Ind. Decisions - 7th Circuit reaffirms its Notre Dame ACA opinion, notwithstanding the SCOTUS ruling in Hobby Lobby

On March 9th, the SCOTUS sent Notre Dame v. Sebelius (now Burwell) back to the 7th Circuit. As Lawrence Hurley reported on March 9th for Reuters:

The Supreme Court on Monday threw out an appeals court decision that went against the University of Notre Dame over its religious objections to the Obamacare health law’s contraception requirement.

The justices asked the 7th U.S. Circuit Court of Appeals to reconsider its decision in favor of the Obama administration in light of the June 2014 Supreme Court ruling that allowed closely held corporations to seek exemptions from the provision.

The court’s action means the February 2014 appeals court ruling that denied the South Bend, Indiana-based Roman Catholic university an injunction against the requirement has been wiped out. * * *

The Notre Dame case was the only appeals court decision on that issue that pre-dated the Hobby Lobby ruling.

Late yesterday the 7th Circuit decided in a 50-page, 2-1 opinion by Judge Posner, University of Notre Dame v.
Sylvia Mathews Burwell
, joined by Judge Hamilton (beginning on p. 26), with Judge Flaum dissenting (beginning on p. 41), to again affirm the trial court's denial of preliminary relief.

Posted by Marcia Oddi on May 20, 2015 08:07 AM
Posted to Ind. (7th Cir.) Decisions