Supreme Court tells appeals court to revisit University of Notre Dame’s challenge to ObamaCare mandate

By Dave Andrusko

Supreme_court_east_facade4reThe Supreme Court today ordered a federal appeals court to take another look at the University of Notre Dame’s lawsuit which challenged the ObamaCare mandate to provide health coverage for drugs and procedures to which many have religious or moral objections.

Last February, the 7th U.S. Circuit Court of Appeals backed a lower court’s ruling that dismissed Notre Dame’s request for an injunction against the mandate.

“For the past year, the Notre Dame decision has been the centerpiece of the government’s effort to force religious ministries to violate their beliefs or pay fines to the IRS,” said Mark Rienzi, Senior Counsel of the Becket Fund for Religious Liberty, which filed an amicus brief in the case. “As with the Supreme Court’s decisions in Little Sisters of the Poor and Hobby Lobby, this is a strong signal that the Supreme Court will ultimately reject the government’s narrow view of religious liberty. The government fought hard to prevent this, but the Supreme Court rejected their arguments.”

The Obama administration subsequently offered a “compromise” in which (in this case Notre Dame) would certify they are “opting out,” which then forces insurers to pay for the objectionable coverage.

But “Notre Dame says the certification process still essentially forces the groups to authorize the coverage for employees even if they are not technically paying for it,” Reuters reported.

According to the Becket Fund, “Over 750 plaintiffs in the other nonprofit cases have been granted protection from the unconstitutional mandate, which forces religious ministries to either violate their faith or pay massive IRS penalties.”