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Court: Notre Dame must adhere to ObamaCare birth control mandate (goes to Supremes)
The Hill ^ | 2/22/14 | Tim Devaney

Posted on 02/22/2014 3:27:41 PM PST by Libloather

The University of Notre Dame must provide birth control to employees and students after a federal appeals court ruled Friday, a move the school says will force it to violate its religious beliefs.

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.

The court found Notre Dame "has not yet shown that there is a substantial burden" in complying with the birth control mandate.

"If the government is entitled to require that female contraceptives be provided to women free of charge, we have trouble understanding how signing the form that declares Notre Dame's authorized refusal to pay for contraceptives for its students or staff, and mailing the authorization document to those (insurance) companies, which under federal law are obligated to pick up the tab, could be thought to 'trigger' the provision of female contraceptives," Judge Richard Posner wrote in the majority opinion of the court.

But Judge Joel Flaum sided with Notre Dame in his dissenting opinion.

"Notre Dame tells us that Catholic doctrine prohibits the actions that the government requires it to take," Flaum wrote. "So long as that belief is sincerely held, I believe we should defer to Notre Dame's understanding."

This comes after the Obama administration extended an olive branch to religious institutions. President Obama offered a compromise so that religious groups could let their insurance providers handle the birth control provisions. But Notre Dame and a handful of other religious schools argue this is inadequate because they would still be complicit in providing contraception coverage.

The Catholic church has a long-standing opposition to contraception.

Notre Dame brought the lawsuit against the Department of Health & Human Services, which is administering many of the ObamaCare rules, including the birth control mandate.

The birth control mandate has been challenged by a number of religious universities and businesses. Two religious business owners will argue against the rule before the Supreme Court next month.


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events; US: Indiana
KEYWORDS: abortion; birthcontrol; contraceptionmandate; deathpanels; indiana; mandate; notredame; obamacare; scotus; zerocare

1 posted on 02/22/2014 3:27:41 PM PST by Libloather
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To: Libloather

A deciding moment for Catholics...if they have to do this what will they do? Either turn into Episcopalians or go to the streets. Wanna’ bet which way they go?


2 posted on 02/22/2014 3:32:17 PM PST by ThePatriotsFlag ("There never was a democracy yet that did not commit suicide." - Thomas Jefferson)
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To: Libloather

Let’s be real here. If the Founding Fathers had supported a concept such as Freedom of Religion, they would have included it in one of those documents that they created long before the iPhone.


3 posted on 02/22/2014 3:34:02 PM PST by Delta Dawn (Fluent in two languages: English and cursive.)
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To: ThePatriotsFlag

“By their fruits you will know them.”


4 posted on 02/22/2014 3:34:27 PM PST by FES0844
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To: Libloather

Let’s hope ND has the courage of its convictions


5 posted on 02/22/2014 3:38:17 PM PST by yldstrk (My heroes have always been cowboys)
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To: Libloather

If the Supreme Court rules the wrong way on this, the First Amendment’s protection of religious liberty is over.


6 posted on 02/22/2014 3:40:49 PM PST by Steely Tom (How do you feel about robbing Peter's robot?)
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To: Libloather

And muslims are exempt from Obamacare?


7 posted on 02/22/2014 3:43:21 PM PST by abclily
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To: Libloather

With enough public outrage the Tyrant in Chief will repeal this aspect of ObamCare.

Which will make it about 30 illegal changes by a dictator.


8 posted on 02/22/2014 3:45:37 PM PST by Balding_Eagle (Over production, one of the top 5 worries for the American Farmer every year.)
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To: Libloather; All
I find it interesting that the university where Judge Andrew Napolitano got his law degree is struggling in the courts to get out of Obamacare Democratcare. More specifically, Judge Napolitano had explained that the states have never delegated to Congress via the Constitution, particularly Section 8 of Article I, the specific power to regulate public healthcare.
Judge Napolitano & the Constitution

Note that regardless what activist justices want everybody to think about the constitutionality of Obamacare Democratcare, the Supreme Court has historically clarified that Congress is prohibited from regulating, taxing and spending for public healthcare purposes.

”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. (emphases added)” —Gibbons v. Ogden, 1824.

“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” —Justice John Marshall, Gibbons v. Ogden, 1824.


9 posted on 02/22/2014 3:46:13 PM PST by Amendment10
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To: abclily

Of course. They’re also exempt from providing the sodomites with goods and services which would explicitly support sodomy.


10 posted on 02/22/2014 3:53:35 PM PST by mrsmel (One Who Can See)
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To: Amendment10

The Constitution doesn’t apply in a marxist tyranny.


11 posted on 02/22/2014 3:54:44 PM PST by mrsmel (One Who Can See)
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To: yldstrk

Clearly ND does NOT have the courage of its convictions. Otherwise they would have never invited our pro-abortion president to speak at its commencement. They sent the message before Obamacare was passed that they would roll over like dogs. This is a feeble attempt at face-saving.

p.s. I have multiple ND grads in my immediate family.


12 posted on 02/22/2014 3:54:44 PM PST by Explorer89 (And now, let the wild rumpus start!!)
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To: ThePatriotsFlag
A deciding moment for Catholics.

No, it's not. Notre Dame failed that test a long time ago.

In fact, they'd probably have trouble winning a case like this simply because there isn't sufficient evidence to prove that they are a religious institution anymore.

13 posted on 02/22/2014 3:57:37 PM PST by Alberta's Child ("I've never seen such a conclave of minstrels in my life.")
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To: Explorer89

.......exactly!.............to the best of my recollection, Notre Dame as an institution and I am sure 90% or more of it’s faculty and students have been marching to Obama’s drum since circa 2008.

Now the wolf is scratching on their door and they don’t like it.


14 posted on 02/22/2014 4:07:58 PM PST by Cen-Tejas (it's the debt bomb stupid!)
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To: Libloather

Shocking just how blatantly our courts ( and Obama) can cancel our God-given constitutionally- recognized rights and liberties.


15 posted on 02/22/2014 4:14:15 PM PST by faithhopecharity (" ur)
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To: Libloather

Luckily, Notre Dame is no longer a Catholic institution.


16 posted on 02/22/2014 4:21:30 PM PST by stevem
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To: Libloather

So all that political fellatio did nothing for them.

The Catholic Church doesn’t get it, the LEFT IS AT WAR WITH OUR COUNTRY.

Fight them or surrender, but don’t think you can make friends with them.


17 posted on 02/22/2014 4:22:46 PM PST by jocon307
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To: Libloather

Don’t comply if you feel so strongly. My feelings are they will fold like a cheap whatever.


18 posted on 02/22/2014 4:29:32 PM PST by WilliamRobert (Obama so loves the poor he created millions more.)
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To: yldstrk
The court found Notre Dame "has not yet shown that there is a substantial burden" in complying with the birth control mandate.

This is the problem with the courts getting into the business of controlling behaviors with religions at the key. Courts require standing for there to be a case. How does one place the stain of a sin on one's soul on to a microscope slide so it can be submitted to the court as evidence that can be observed by the justices to determine that there is standing or not?

19 posted on 02/22/2014 4:37:06 PM PST by USCG SimTech (Honored to serve since '71)
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To: Libloather

How the hell did the 7th Circus black-robed tyrants get involved in this? Where do they get their “standing”? I wish those bass turds would get a hobby or something and leave the American people alone.


20 posted on 02/22/2014 4:37:06 PM PST by FlingWingFlyer (Communism kills!!!)
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To: yldstrk

You mean like letting the imposter speak? ND has made her bed. Hope she enjoys lying in her own filth.


21 posted on 02/22/2014 5:04:16 PM PST by fuente (Liberty resides in three boxes: the ballot box, the jury box and the cartridge box--Fredrick Douglas)
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To: Libloather
As if acting against your firmly held religious beliefs was not a "burden"...

As if requiring people to recite "I pledge allegiance to the Obama..." would not be a "burden".

22 posted on 02/22/2014 5:04:56 PM PST by okie01 (The Mainstream Media -- IGNORANCE ON PARADE)
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To: Libloather

regardless of any federal court, just say NO


23 posted on 02/22/2014 5:09:09 PM PST by sten (fighting tyranny never goes out of style)
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To: Libloather

Payback is a byotch.


24 posted on 02/22/2014 5:15:11 PM PST by Albion Wilde (The less a man knows, the more certain he is that he knows it all.)
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To: abclily

You got it right.......

And muslims are exempt from Obamacare?

and why not Christians?

Sorry, forgot Obama is a closet Muslim.


25 posted on 02/22/2014 5:28:46 PM PST by hapnHal (hapnHal)
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To: hapnHal

It seems that Catholic priests are the only clergy with the testicular fortitude to speak out against Unfair Obamacare.


26 posted on 02/22/2014 5:45:18 PM PST by abclily
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To: Libloather

Just say No.


27 posted on 02/22/2014 5:46:28 PM PST by moovova
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To: Explorer89

>p.s. I have multiple ND grads in my immediate family.<

.
Nothing to brag about — Stalin was a seminarian in his youth.


28 posted on 02/22/2014 5:55:12 PM PST by 353FMG
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To: Libloather

Totalitarianism marches on.


29 posted on 02/22/2014 5:58:13 PM PST by jwalsh07
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To: ThePatriotsFlag
A deciding moment for Catholics

NO WAY. The deciding moment was a long long time ago. Notre Dame defends rapists and gives an honorary degree to Obama.

Life is tough. It's tougher if you're stupid.

30 posted on 02/22/2014 6:01:05 PM PST by ladyjane
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To: Libloather

it’s time to simply start defying the law, when the law is unjust, immoral and/or blatantly unconstitutional.


31 posted on 02/22/2014 6:08:21 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Libloather
Does anyone else realize how ridiculous the premise of the argument is? Why in the Hell should anyone pay for someone else's birth control? It's the equivalent of forcing Walmart to pay for alcoholics' beer purchases.

I hope ND tells this judge and SCOTUS to pound sand.

32 posted on 02/22/2014 6:11:13 PM PST by Extremely Extreme Extremist (15 years of FReeping! Congratulations EEE!!)
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To: Libloather

Posner never did understand the constitution.


33 posted on 02/22/2014 6:13:22 PM PST by Darren McCarty (Abortion - legalized murder for convenience)
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To: Libloather
Remember this?

Obama Signs Executive Order on Abortion Today

March 24, 2010
By JAKE TAPPER and HUMA KHAN via

President Obama today signed an executive order banning federal funding for abortion, as he had promised to anti-abortion Democrats. But even though the health care bill is signed, sealed and delivered, Republicans across the country are plotting a strategy to repeal it by challenging the law's constitutionality in court.

The executive order is intended to ensure that current law limiting federal funding for abortion is maintained and it will extend the restrictions to the newly created health insurance exchanges. Under the current law, federal funds cannot go toward abortion except in cases of rape, incest and when the life of the pregnant woman is at risk.

Unlike yesterday's bill-signing celebrations in the East Room and the Department of the Interior, the president signed this executive action behind closed doors, with nary a camera present and no reporters allowed.


Bart Stupidpak fell on the sword for his party's clown and what was his reward?

From the great fountain of all knowledge - Wikipedia

In March 2010, President Obama and Stupak reached an understanding whereby the President promised to sign an Executive Order barring federal funding of abortion through the Patient Protection and Affordable Care Act,[17] and Stupak and several of his allies promised to withdraw their opposition to the bill.[18] The Pro-life movement accused Stupak of betraying the pro-life movement,[19][20] and the pro-life Susan B. Anthony List revoked an award it had planned to give to him and instead ran $150,000 worth of radio advertisements against him.[19][21] Stupak was targeted by the Tea Party movement in the wake of his compromise.[22] In April 2010, Stupak announced his intention to retire from Congress,[23] leading conservative groups to point to the political consequences of his compromise as a possible reason for his decision.[21][22] However, Stupak himself attributed his retirement to the exertion of constant travel back and forth from Washington, D.C.[24]

Anyone buy into that crap about Supidpak being sooo Stupid that he thought an EO could override legislation? Oh that's right look around today Feb 2014 and see that the clown's 27 EOs have trumped his own Obamacare legislation. So I guess that proves to all those Constitutional Scholars that Executive Order are at the top of the food chain. We are learning something new everyday under this regime.

Rant off.
34 posted on 02/22/2014 6:30:22 PM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Steely Tom

Why?


35 posted on 02/22/2014 6:46:59 PM PST by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Cheerio
Radio host Don Imus had the best description of Stupak that I've ever heard, which he offered on air after seeing some Stupak making some bizarre statements about his "agreement" with Obama in an interview the day after his ObamaCare vote:

"He sure didn't do that interview on his way home from a Mensa meeting."

36 posted on 02/22/2014 7:37:59 PM PST by Alberta's Child ("I've never seen such a conclave of minstrels in my life.")
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To: Libloather

Dead babies warm Democrats’ hearts.


37 posted on 02/22/2014 7:45:50 PM PST by MuttTheHoople (Nothing is more savage and brutal than justifiably angry Americans. Don’t believe me? Ask the Germa)
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To: Libloather

Why do stupid people still look to the courts to right a wrong? Ain’t gonna happen. Not now. Not ever. ot since Roberts sealed the deal with Elmer Fudd.

Once we were a nation of laws. Today we are a renegade nation where justice goes to the highest bidder.

Saint Michael the Archangel,
defend us in battle;
be our protection against the wickedness and snares of the devil.
May God rebuke him, we humbly pray:
and do thou, O Prince of the heavenly host,
by the power of God,
thrust into hell Satan and all the evil spirits
who prowl about the world seeking the ruin of souls.
Amen


38 posted on 02/22/2014 8:15:06 PM PST by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: Libloather

Where is the Conga line of pro-abortionists Notre Dame has honored over the years? They’re not standing up for religious liberty? Mario the Pious? Soetoro?


39 posted on 02/22/2014 10:53:48 PM PST by Arthur McGowan
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To: Libloather

Attorneys in costumes declare that you can be compelled to contract with a company or be fined by the government, and that this imagined legitimate power is more important than rights specifically protected from government predation.

These attorneys are liars and fascists.


40 posted on 02/22/2014 11:30:01 PM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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41 posted on 02/22/2014 11:51:17 PM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: 353FMG

Multiple ND grads in the family.....it is not a brag, it is a lament.


42 posted on 02/23/2014 3:38:01 AM PST by Explorer89 (And now, let the wild rumpus start!!)
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