Wednesday, July 01, 2015
Ind. Decisions - 7th Circuit decides a Wheaton College (Ill.) case on emergency contraception
In Wheaton College v. Sylvia Mathews Burwell (ND Ill.), an 18-page opinion, Judge Posner concludes:
Quite apart from the merits of its arguments, or lack thereof, Wheaton College has failed to satisfy two basic re-quirements for the issuance of a preliminary injunction. It has failed to show that delaying a judgment in its favor to the conclusion of proceedings in the district court would do the college any harm. In the absence of any evidence or even allegation that any member of the college community is violating or is expected to violate or believed likely to violate the college’s prohibition of emergency contraception, there is no reason to think that even if the college’s merely notifying the government of its objection to emergency contraception could “trigger” emergency-contraception coverage it would do so while this case was pending. The college has also failed to match the relief it seeks to the illegalities it alleges. Almost the entire weight of its case falls on attempting to show that the government is trying to “use” the college’s health plans, and it is this alleged use that it primarily asks us to enjoin. But the government isn’t using the college’s health plans, as we have explained at perhaps excessive length. And the relief sought has no connection to Wheaton’s complaints about allegedly forced speech and the alleged violation of ERISA and the APA; nor has Wheaton offered support for its claim to be treated as if it were a church.
The denial of a preliminary injunction is therefore AFFIRMED.
Posted by Marcia Oddi on July 1, 2015 07:35 PM
Posted to Ind. (7th Cir.) Decisions