Supreme Court sends Notre Dame contraception case back to appeals court

Andrew V. Pestano

WASHINGTON, March 9 (UPI) -- The U.S. Supreme Court on Monday said a lower court of appeals should review the University of Notre Dame's compliance with contraceptive regulation coverage under the Affordable Care Act.

Notre Dame will argue that under Obamacare, it is being forced to violate its religious beliefs by facilitating abortion and that an insurer should not be allowed to provide contraceptive coverage through the school's health plan.


A federal court said the university must comply with regulations that pay for contraception as part of women's health plan.

In last year's "Burwell v. Hobby Lobby Stores, Inc." case, the Supreme Court said that some private companies "can opt out of the Affordable Care Act's provisions for no-cost prescription contraception in most health insurance if they have religious objections."

The Supreme Court is sending the case back to the lower courts "for further consideration in light of" the Hobby Lobby rulings.

A U.S. appeals judge and a lawyer for Notre Dame clashed verbally about a year ago over the federal healthcare law's contraception mandate.

Notre Dame sued the Department of Health and Human Services in 2013 over a provision of the Affordable Care Act that requires the university to provide insurance that includes coverage for contraception.


A judge ruled against Notre Dame's lawsuit, which the university appealed.

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