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Strategy to get the contraceptive mandate issue before the high court

Postmillennialism —  Leave a comment

Ave Maria University filed suit Tuesday in U.S. District Court against the federal government over the Obama administration’s contraceptive mandate, bringing the total number of lawsuits filed against the policy to six. (See “Colleges in court,” Feb. 20.)

The suits—five filed by colleges and universities and one filed by the Catholic cable network EWTN (Eternal Word Television Network)—are spread across the nation’s appellate court districts, part of a coordinated effort lawyers hope will help put the cases on a fast track to the U.S. Supreme Court.

“The idea of bringing lawsuits in different districts around the country is part of a larger strategy,” said Kyle Duncan, general counsel for the Becket Fund for Religious Liberty, which is representing four of the plaintiff groups. “I think it’s a pretty well-accepted fact that you do that sort of thing not only to represent a wide array of clients but also to create the possibility of disagreement among different courts.”

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