Written by Don Byrd
The U.S. Supreme Court has vacated a lower court’s 2014 ruling in favor of the Obama Administration in a case challenging the accommodation of religious organizations in the health care law. University of Notre Dame officials argue the form required to certify the school’s exemption from the contraception coverage requirement violates its religious freedom rights under RFRA by “triggering” the availability of contraception coverage directly from insurance companies. The 7th Circuit ruled against Notre Dame, countering that “signing the form simply shifts the financial burden” and is merely a “warning” to the insurance company of its obligation, not a “trigger.”
After that, however, the Supreme Court ruled, in the Hobby Lobby case, against the mandate with respect to closely-held, for-profit corporations whose owners object on religious grounds.
Today’s action (see today’s Order List here) requires the 7th Circuit to reconsider the Notre Dame case in light of the Hobby Lobby ruling, even though other courts that have considered this question post-Hobby Lobby have reached the same decision.
Stay tuned.
