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Court Won't Exempt Notre Dame From Birth Control Provision
ABC News ^ | May 20, 2015 | By TOM COYNE

Posted on 05/20/2015 4:13:38 PM PDT by Oldeconomybuyer

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To: Steve_Seattle
Presumably, Notre Shame sought a preliminary injunction against enforcement of the contraceptives mandate pending determination of the case on the merits. That request was denied by the federal district court judge and Notre Shame appealed to the 7th Circuit Court of Appeals which denied the appeal (such appeals as to injunctions are verrrry seldom granted). Notre Shame appealed to SCOTUS which did not rule on the injunction itself but sent the matter back to the 7th Circuit for another determination. The 7th Circuit remained adamant and left the status quo of no injunction which superficially seems to resist SCOTUS which had already decided in Hobby Lobby's case that even nominally secular corporations owned by believing Christians cannot be compelled to abide by the contraceptives mandate of Obozo"care."

Leaving aside the question of whether any actual Catholic would regard Notre Shame as Catholic, and, despite Judge Posner's outstanding reputation as a conservative jurist of libertarian sensibilities, it seems likely that SCOTUS will, under some rubric, grant some relief. The classic tests are likelihood of prevailing on the merits (Hobby Lobby makes this very likely and was decided apparently after the district court refused the injunction) and secondly weighing the "equities": i.e. would granting the injunction harm the government more than denying it would hurt the university.

A request for a preliminary injunction is a request for extraordinary remedy, typically to freeze the status quo pending resolution at the trial level of the case in chief on the merits. Given the glacial pace at which most federal cases proceed, great harm could be sustained by Notre Shame during the pretrial years. The government can probably live with an adverse result more easily.

Caveat: the ABC news report is sketchy and I have not read the actual decisions and dissents.

21 posted on 05/20/2015 8:10:26 PM PDT by BlackElk (Dean of Discipline: Tomas de Torquemada Gentlemen's Society. Rack 'em Danno!)
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To: 9thLife

People in IN will be thrilled again.


22 posted on 05/20/2015 8:35:11 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: DesertRhino

H. L. Mencken said that in universities “conscience” means, “Your funding might be jeopardized.” Well, maybe it wa snot Mencken, but it could have been.


23 posted on 05/20/2015 8:37:06 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: BlackElk
God bless Fr.Weslin, a better man than I could ever hope to be. Thanks for your reply and the story about Father.

I was at the Notre Dame campus on graduation day when Obama would be speaking there. I was spurred to drive there from Versailles KY by the news that a elderly priest carrying a cross was arrested earlier in the week for protesting Obama’s visit.

An outdoor Mass was permitted that day on one of the quads on campus and it was well attended by perhaps two thousand people. The Mass had many well known pro-life activist priests officiating at it and the experience was very moving to all.

When the activities were over and we protesters were about to leave the ND campus and return to our cars we were stopped by the Indiana State Police. The Obama entourage would be coming down that very street we were about to cross. There were about thirty of us and a handful had pro-life signs. We were told by the officer in charge that people with signs would be arrested if they displayed them on that corner. We complained that this denied us freedom of speech but we were told by the officer in charge that there wasn't going to be freedom of speech on the corner and street where we stood. Well the Obama convoy went by and some of us shook our fists and booed but no one displayed a sign. I regret to this day that I did not borrow a sign from someone in our group and step up front and show it to Obama as he drove by. It was so easy to rationalize why it wasn't a good idea to get myself arrested, but for my cowardice in this matter I am ashamed.

24 posted on 05/20/2015 9:09:44 PM PDT by pleasenotcalifornia
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To: pleasenotcalifornia

His name was Fr. Norman Weslin. He died three years ago this week (May 16, 2012) at age 86. A courageous, holy man.

My college classmate John Iscariot Jenkins, impostor in a Roman collar, the persecutor of the brave Fr. Weslin, not so much. Jenkins and the whole stinking Board of Trustees and Life Fellows need to go; for the love of God, please go.


25 posted on 05/20/2015 10:10:43 PM PDT by nd76
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To: Norm Lenhart

” They abandoned God, God returned the favor. “

My dad was a prof at ND for years, and I’m a BC grad. Both schools sold their soul to the devil.

BC recently instituted Gay Week

Well, isn’t that special!


26 posted on 05/21/2015 9:41:49 AM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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