Fr. Jenkins, the president of Notre Dame, has this to say: (H/T TAC)
Let me say very clearly what this lawsuit is not about: it is not about preventing women from having access to contraception, nor even about preventing the Government from providing such services. Many of our faculty, staff and students—both Catholic and non-Catholic—have made conscientious decisions to use contraceptives. As we assert the right to follow our conscience, we respect their right to follow theirs.Fr. Jenkin's statements about faculty, staff, and student use of contraceptives is just nauseating. A decision based on a poorly formed conscience is not the same as a "conscientious decision." The decision to take contraceptives is a selfish one, and is especially morally dangerous for Catholics. Fr. Jenkins need not have condemned contraception in his statement on the lawsuit, but nor should he have offered cover to those who contracept. His excuses for contraception look like a lame attempt at ingratiating himself with president Sauron.
The fact that Fr. Jenkins is so comfortable with contraception leads me to believe that the administration of Notre Dame is only suing the government out of necessity. The school cannot obey the mandate without getting its Catholic credentials yanked, but it can't afford to pay the fines for not sacrificing to Caesar. A constitutional challenge to the HHS mandate is simply the choice of greatest utility.