Seventh Circuit affirms denial of Notre Dame’s preliminary injunction request
In a rather lengthy opinion issued on Friday, the Seventh Circuit affirmed the denial of Notre Dame’s request for a preliminary injunction from participating in the Affordable Care Act. The abridged version is that the Court found there was not a likelihood of success on the merits and on multiple occasions stressed that its opinion was limited and preliminary (or without prejudice in essence). In the end, the undoing for Notre Dame was that it could not overcome the provision that the government would pick up the tab for the contraceptive services that Notre Dame could refuse to provide. Notre Dame’s argument that this action would make it something of an enabler to contraceptive services was unavailing. Judge Posner authored the opinion for the majority and Judge Flaum dissented, finding that Notre Dame likely would succeed on the merits at the District Court level.