Sunday, March 24, 2013

Another ACA Mandate Challenge By Catholic Non-Profits Dismissed On Ripeness Grounds

In Franciscan University of Steubenville v. Sebelius, (SD OH, March 22. 2013), an Ohio federal district court, following the lead of 15 other federal courts, dismissed for lack of ripeness a challenge to the Affordable Care Act contraceptive coverage mandate in a suit brought by two Catholic non-profits.  Plaintiffs were Franciscan University and the Michigan Catholic Conference. The court concluded:
The “safe harbor” provision, which protects Plaintiffs from enforcement presently, coupled with ongoing process to amend the ACA regulations to address Plaintiffs’ concerns, which is substantiated by the recently published NPRM, makes the harm Plaintiffs allege unlikely to ever occur.
AP reports on the decision.

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