Supreme Court Orders Seventh Circuit to Reconsider Ruling on Mandated Provision of Contraception

In early March 2015, the United States Supreme Court issued a one line ruling ordering the Seventh Circuit to reconsider its ruling in University of Notre Dame v. Burwell. In its February 2014 decision, the Seventh Circuit ruled that Notre Dame was not required to directly cover the cost for contraception for women, but was required to notify its insurer of this objection by completing a waiver. Upon such notification, the insurer would cover the cost of the mandated contraceptive coverage. The university claimed that notifying its insurer made it complicit in providing those services for which it was fundamentally opposed.

A few months after the Seventh Circuit's ruling, the Supreme Court decided Burwell v. Hobby Lobby Stores, Inc. (2014) 134 S.Ct 2751. In that case, the Court ruled that corporations with religious opposition to providing contraceptive coverage need not do so. Also, since Notre Dame was decided, in Wheaton College v. Burwell (2014) 134 S.Ct 2806, the Supreme Court granted a temporary injunction to a religious, non-profit organization to excuse it from completing a waiver while the matter is decided on the merits. Now, the Supreme Court has directed the Seventh Circuit to reconsider Notre Dame in light of its more recent decisions.

The Supreme Court's order in University of Notre Dame v. Burwell (Docket no. 14-392, 2015 WL 998533) is available at: http://www.supremecourt.gov/orders/courtorders/030915zor_3e04.pdf.