Saturday, December 21, 2013
Judge Philip Simon has issued an opinion denying the University of Notre Dame's motion for a preliminary injunction against enforcement of the so-called contraception-coverage mandate. Here is the opinion: Download Notre Dame order.
In my view, the opinion -- which has an impatient, and at times even snarky tone -- is unsatisfying, in part because it does not engage with appropriately closeness Notre Dame's claims and characterizations regarding the nature of the "burden" that the mandate would impose on its religious exercise, character, and mission. But, read the whole thing for yourselves, dear readers! And, join me in hoping for better work by the Seventh Circuit.