Notre Dame’s Case Against HHS

by Kathryn Jean Lopez

over the abortion-drug, contraception, sterilization mandate has been dismissed on ripeness grounds — judge (Reagan appointee) argues they qualify under the take-a-year-to-figure- out-how-to-violate-your-conscience-safe-harbor. 

Judge Miller notes: 

 

The present regulatory requirement isn’t sufficiently final for review to be ripe because the defendants have announced it will be modified and have underscored that announcement by providing Notre Dame with a safe harbor that protects it from the regulation as it exists today. Notre Dame lacks standing to attack the present regulatory requirement because it isn’t subject to that requirement, and, taking the defendants at their word, never will be subject to the present regulation.

In a similar case involving the Archdiocese of New York, though, a judge noted that “There is no, ‘Trust us, changes are coming’ clause in the Constitution.”