Posted on 02/24/2014 2:29:29 PM PST by NYer
The University of Notre Dame has once again been denied injunctive relief from the HHS Mandate as its case continues, according to the South Bend Tribune.
The U.S. Court of Appeals for the 7th Circuit in a 2-1 decision on Friday upheld a lower court’s ruling and rejected the relief desired by the Catholic university.
In its decision, Judge Richard A. Posner reportedly questioned precisely what remedy the university wanted since the school had already submitted the required form for the University to opt-out and switch the cost for abortifacients and contraceptives for employees to a third party administrator, according to the Tribune.
After failing to receive injunctive relief by January 1, the University announced that it would comply with the HHS mandate by authorizing a third party administrator of its health plan to provide the problematic benefits mandated by the Obama administration rather than paying exorbitant fines as its case made its way through the courts.
But concerned alumni called on the University to explain or disavow the actions of its Human Resources Department which voluntarily participated in providing contraceptives and abortifacient benefits to employees, as was previously reported. The alumni said that the University’s HR department sent out a direct message to University employees providing instructions about the use of the “Women’s Preventive Services ID Cards” and invited employees to directly call “HR customer service” with questions.
In the federal appellate court ruling, Judge Posner stated:
We imagine that what the university wants is an order forbidding Aetna [which provides coverage to students] and Meritain to provide any contraceptive coverage to Notre Dame staff or students pending final judgment in the district court… But we can’t issue such an order; neither Aetna nor Meritain is a defendant (the university’s failure to join them as defendants puzzles us), so unless and until they are joined as defendants they can’t be ordered by the district court or by this court to do anything.
The Supreme Court is scheduled to hear a case against the HHS mandate brought by two for-profit businesses in March.
You reap what you sow, ping!
say NO ... force them to explain how your religious freedom is trumped by the sexual urges of others
Posner, Richard Allen
Born 1939 in New York, NY
Federal Judicial Service:
Judge, U.S. Court of Appeals for the Seventh Circuit
Nominated by Ronald Reagan on October 27, 1981, to a seat vacated by Philip Willis Tone. Confirmed by the Senate on November 24, 1981, and received commission on December 1, 1981. Served as chief judge, 1993-2000.
Education:
Yale College, A.B., 1959
Harvard Law School, LL.B., 1962
Professional Career:
Law clerk, Hon. William J. Brennan, Jr., Supreme Court of the United States, 1962-1963
Legal assistant to the commissioner, Federal Trade Commission, 1963-1965
Assistant to the solicitor general, U.S. Department of Justice, 1965-1967
General counsel, President’s Task Force on Communications, 1967-1968
Associate professor, Stanford Law School, 1968-1969
Faculty, University of Chicago Law School, 1969-
Their stupid blunder was filing the form that in effect acknowledged that the government has authority over their practice of religion. Hobby Lobby has better lawyers who saw the trap that Obama had set and avoided it.
Read the ruling. It is meaningless. It is a ruling based upon a technicality. All rulings aren’t created equal.
WWTLD? If the shoe were to be found on the other foot, the left (led by the President), if faced with an equal dilemma foisted on them by George Bush, would say “Screw you!” and go about their business daring the feds to arrest and perp walk them in orange coveralls. Now I don’t agree with the left on the vast majority of issues but they do know how to work the public conscience...
The Pope could do a lot about stuff like this. Threaten Pelosi and Biden with excommunication. And the president of the Mormons could do the same thing to Reid. If the government doesn’t want separation of church and state, turn it back at them.
The pope should invite his excellency over for a little chat in the Vatican and find some cell to stick him in.
I recall years ago reading something that saw Posner as a potential future Supreme Court nominee. The writer was clearly unhappy with the prospect. I think there is no danger of that now, given Posner's age.
Unless that was not a blunder, but rather a wink wink nod nod to Obama. This is Notre Dame.
I bet Notre Dame is wishing they had never had Obortion Obama there.
**the University announced that it would comply with the HHS mandate by authorizing a third party administrator of its health plan to provide the problematic benefits mandated by the Obama administration rather than paying exorbitant fines as its case made its way through the courts.**
They should push the issue and go to a higher court.
It’s not right for them to provide this and comply with HHS.
Bless your heart.
I wouldn’t be so quick to blame Posner for this: Notre Dame screwed itself by setting up its argument on the fact it had already conceded is TPA (third-party administrator) could offer the challenged service. Judge Posner basically told Notre Dame: You dumb ass! You made your bed, now lie in it!
How many armies does that court have?
It doesn’t need any if Notre Dame is so prone to shoot itself in the foot.
Damn right. The only reason the court has any review authority is the perception held that it has such authority. When the time comes the first branch to get its comeuppance will be the judiciary.
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