Saturday, February 22, 2014

Un-Free Market Judge Posner : Notre Dame must adhere to ObamaCare birth control mandate

The Hill reports:
The University of Notre Dame must provide birth control to employees and students after a federal appeals court ruled Friday, a move the school says will force it to violate its religious beliefs.

In a blow to religious colleges and universities across the country, the 7th U.S. Circuit Court of Appeals in Chicago denied Notre Dame's request for an injunction to the ObamaCare birth control mandate that requires the school to provide coverage for contraception.

The injunction would have given Notre Dame a temporary reprieve from the birth control mandate, as the Roman Catholic school challenges the rule in court. But the appeals court ruled 2-1 that the school will have to comply with the rule, even before it hears the court's final decision.

The court found Notre Dame "has not yet shown that there is a substantial burden" in complying with the birth control mandate.

"If the government is entitled to require that female contraceptives be provided to women free of charge, we have trouble understanding how signing the form that declares Notre Dame's authorized refusal to pay for contraceptives for its students or staff, and mailing the authorization document to those (insurance) companies, which under federal law are obligated to pick up the tab, could be thought to 'trigger' the provision of female contraceptives," Judge Richard Posner wrote in the majority opinion of the court.

We know now Judge Posner doesn't believe in the liberty of contract for Notre Dame, an essential element of a free society. For more anti-free market writings of Judge Posner click on this recent book and of course this statist classic. Also, no word on why Judge Posner believes Catholics are the poor first cousins of the Amish who don't have to abide by the un-Affordable Care Act.