SCOTUS delivers win to Notre Dame on birth control case

In an encouraging sign for religious freedom backers – and Obamacare detractors – the nation’s highest court on Monday instructed a federal appeals court to reconsider its year-old decision that forced the University of Notre Dame to comply with the health care law’s contraception mandate.

The justices issued what’s known as a GVR, or “Grant, Vacate and Remand” order, which tossed out a 2014 decision from the 7th Circuit Court of Appeals that refused to honor the Roman Catholic university’s religious objection to providing contraceptive coverage. Under the order, the 7th Circuit has to revisit the case, but not necessarily reach a different conclusion.

Monday’s action comes less than a year after the justices handed down a controversial ruling in the case of Burwell v. Hobby Lobby Stores, Inc. that found closely-held for-profit corporations could refuse to provide employees birth control coverage – a requirement under the Affordable Care Act (popularly known as Obamacare) – based on the owners’ sincerely-held religious objections to contraception. Since that ruling came after the 7th Circuit issued its decision regarding Notre Dame, the justices found reason for the appeals court to revisit the case.

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