Thursday, April 04, 2013

Court Says Catholic University's Challenge To Contraceptive Coverage Mandate Is Not Ripe For Decisiion

In Ave Maria University v. Sebelius, (MD FL, March 29, 2013), a Florida federal district court dismissed on ripeness grounds a challenge by a Catholic university to the Affordable Care Act contraceptive coverage mandate. The court said in part:
The crux of Defendants’ ripeness argument is that they are in the process of amending the challenged regulations to accommodate religious concerns and that they have represented that they will never enforce the regulations in their current form against Ave Maria or any similarly situated entity. Ave Maria concedes that it is eligible for a temporary enforcement safe harbor.... This Court therefore joins the overwhelming majority of courts to have addressed similar challenges by similarly situated plaintiffs in concluding that Ave Maria’s claims are not ripe for adjudication.
Ave Herald reports on the decision.