Tag Archives: ZZ: Hobby Lobby v. Sebelius

Womenenews via Reuters: On May 22, the Alliance Defending Freedom, a nonprofit center based in Scottsdale, Ariz., is hoping that the 7th Court of Appeals in Chicago will issue an injunction so its client, Grote Industries, won’t be subjected to fines for not providing the contraceptive coverage required by law since Jan. 1. (newly added to Reuters)

Ed Whelan at NRO: The Obama administration’s argument can’t withstand scrutiny. For starters, RFRA itself makes no distinction between “for-profit, secular companies” and “non-profit, religious organizations.”

Womensenews.org: “Nonprofit centers like ours that depend on donations are representing these small businesses pro bono because in addition to the fines, the cost of lawyers, travel and other expenses in pursuing these cases would wipe out the assets that took generations for the owners of these small businesses to accumulate,” said Matt Bowman, senior legal counsel of the Alliance Defending Freedom, in a phone interview. His group has 44 in-house attorneys and more than 2,400 volunteer attorneys.

Ed Whelan at NRO: But as I explained of one such ruling (by the Tenth Circuit in the Hobby Lobby case), what those courts are really ruling, without understanding what they are doing, is that an employer’s refusal to provide health insurance coverage for contraceptives or abortifacients cannot be an exercise of religion. Such a ruling is patently wrong, as the only relevant question for purposes of the exercise of religion element is whether the objector is acting from a sincerely held religious conviction.

Sarah Torre at Heritage Foundation: As Alliance Defending Freedom wrote in a public comment on Monday on behalf of over 20 Catholic colleges, “No other federal rule has so narrowly and discriminatorily defined what it means to exercise religious conscience, and no regulation has ever so directly violated plain statutory and constitutional religious freedoms. The NPRM does nothing to change that fact.”

Huffington Post: The number of lawsuits challenging the Obama administration’s contraception coverage mandate climbed to 60 last week, and legal experts on both sides of the issue are predicting that the Supreme Court will take up the issue within the year.

NewsOK: A panel of nine federal appeals court judges will hear oral arguments in Hobby Lobby Stores Inc.’s fight against part of the Affordable Care Act on May 23 in Denver.

Christian News: The 10th Circuit Court of Appeals announced on Friday that Hobby Lobby’s appeal will go before the entire court as per the company’s request. Cases are customarily held before a panel of three judges, except in what are called en banc hearings.

NewOK.com: Hobby Lobby Stores Inc. is asking a federal appeals court to expedite its case against the U.S. Department of Health and Human Services in hopes of avoiding millions of dollars in fines the company could face this summer for failing to cover the cost of emergency contraceptives for its employees.

CNSNews: The assertion came in the case of Tyndale House Publishers v. Sebelius, a challenge to the Obama administration’s regulation requiring health-care plans to cover sterilizations, contraceptives and abortion-inducing drugs . . . “Consistent with the religious beliefs of Tyndale and its owners, Tyndale’s self-insured plan does not and has never covered abortions or abortifacient drugs or devices such as emergency contraception and intrauterine devices,” Tyndale said in its legal complaint, prepared by the Alliance Defending Freedom.

CNSNews: Republican members of Congress have weighed in on the legal battle being waged over the Obamacare mandate requiring employers to provide contraceptives and abortion-inducing drugs to employees.

Times Online: An attorney representing Geneva College and other faith-based institutions said his group is not impressed by a concession made Friday by the Obama administration. Gregory Baylor, senior counsel for Alliance Defending Freedom, a national coalition of about 2,000 Christian attorneys, called the proposed change “an accounting gimmick.”

Matt Bowman on the Hugh Hewitt Show to discuss the Sioux Chief Manufacturing suit and others. | MP3 audio 5:23 mins

Religion Clause Blog: As reported by CNN, in statement from its general counsel Hobby Lobby says it has shifted the beginning of its health care plan year, thus delaying for several months the requirement that it comply with the Women’s Preventive Services coverage mandate.

LifeNews: The letter from Hobby Lobby CEO David Green that LifeNews received follows . . .

Melissa Moschella at Public Discourse: Are judges more competent to determine what a particular religion requires or forbids than that religion’s own leaders or adherents? Most would think not. Yet that’s what two of the recent rulings related to the Health and Human Services contraception, sterilization, and abortion-drug mandate seem to claim.

Ken Klukowski at Breitbart: On Dec. 28, 2012, the U.S. Court of Appeals for the Seventh Circuit ruled that the HHS Mandate violates this family’s religious liberty as guaranteed by the Religious Freedom Restoration Act (RFRA). Kathleen Sebelius’ mandate could be argued to violate the First Amendment as well, but if a court can resolve a case by looking to a statute, it will avoid issuing an opinion regarding constitutional issues. The Seventh Circuit has issued an injunction while the appeal in this case, Korte v. Sebelius, is pending.

Ken Klukowski at Breitbart: Now that Supreme Court Justice Sonia Sotomayor has denied Hobby Lobby’s application for an emergency injunction protecting them from Obamacare’s HHS Mandate on abortion and birth control, Hobby Lobby has decided to defy the federal government to remain true to their religious beliefs, at enormous risk and financial cost.

Washington Times: An attorney for Hobby Lobby Stores said Thursday that the arts-and-crafts chain plans to defy a federal mandate requiring it to offer employees health coverage that includes access to the morning-after pill, despite risking potential fines of up to $1.3 million per day.

Ken Klukowski at Breitbart: Becket’s loss thus far in this case is in contrast with the major victory Becket won last week in another federal appeals court, where (as we rightly predicted) the D.C. Circuit issued an injunction forbidding HHS from enforcing its regulation as currently written against Christian colleges. It’s also in contrast with early court victories in some of the other lawsuits by the Alliance Defending Freedom, among others.

Religion Clause Blog: However, in American Pulverizer Co. v. U.S. Department of Health and Human Services, (WD MO, Dec. 20, 2012), a Missouri federal district court granted a preliminary injunction against enforcement of the contraceptive coverage mandate in a challenge filed by a group of metal recycling businesses owned by Evangelical Christians Paul and Henry Griesediek . . .

Becket Fund: Today, a federal court denied a request to temporarily stop enforcement of the abortion pill mandate, which would force the Christian-owned-and-operated Hobby Lobby Stores, Inc., to provide the “morning-after pill” and “week-after pill” in its health insurance plan, or face crippling fines up to $1.3 million per day.

Matt Bowman at National Review: A court decision on Wednesday spells more trouble for Obamacare’s abortion-pill mandate. Defenders of that mandate have been crowing about two court rulings against Christian businesses, notably Hobby Lobby. But the government’s position is much weaker than its defenders let on.

Ken Klukowski at Breitbart: Can an American citizen exercise his religion through his privately-owned business? The fate of Obamacare’s disturbing HHS contraception mandate turns on that question, and now the federal courts are split on the answer regarding an issue very likely to end up at the U.S. Supreme Court . . . Matt Bowman of the Alliance Defending Freedom (ADF)—the largest religious-liberty legal organization and network in the country—is representing several companies, and has won the first round in two cases so far. These are Newland v. Sebelius in Colorado, and Tyndale House Publishers v. Sebelius in D.C. In fact, ADF is representing companies in at least seven lawsuits, including two plaintiffs in my home state of Indiana. Thomas More Law Center is representing another early success, representing Weingartz Supply Company in Michigan, while the Becket Fund suffered an early setback representing Hobby Lobby. And yet another—Liberty Institute—is preparing to launch litigation.

LifeNews: Hobby Lobby, a Christian-owned and run company, is fighting back against a judge’s decision siding with the Obama administration saying that it has the right to force it to pay for drugs for women that may cause abortions.

Religion Clause Blog: In Hobby Lobby Stores, Inc. v. Sebelius, (WD OK, Nov. 19, 2012), an Oklahoma federal district court denied a preliminary injunction, rejecting both 1st Amendment and Religious Freedom Restoration Act claims by Hobby Lobby Stores, Inc., Mardel, Inc. and …

National Review: In response, Barack Obama’s Department of Justice argues, that religious-liberty rights to not extend to the Greens as businessmen. Recall that this is an administration whose posture toward religious liberty was slapped down unanimously earlier this year in the Hosanna-Tabor case involving a Lutheran religious school. And yet the administration continues to work to erode religious liberty.

LifeNews: The Obama administration told a federal court today that the Christian business Hobby Lobby must obey the HHS mandate that forces religious companies to pay for drugs for women that may cause abortions.

Heritage Foundation: As Matt Bowman, senior legal counsel for ADF who will be arguing at the hearing tonight, explained:Americans have the God-given freedom to live and do business according to their faith. The government shouldn’t punish people of faith for making decisions in accordance with it, and yet that’s what the Obama administration is trying to do here in Pennsylvania and throughout the country.

AP: The U.S. District Court in Oklahoma City is scheduled to hear the company’s arguments in favor of an injunction Thursday. The government says Hobby Lobby is a secular employer that by definition does not exercise religion.

Breitbart: Notice that the administration goes beyond its argument that businesses have no religious freedom rights. The DOJ says that even if a business did have rights to religious freedom, the HHS mandate is not really a “substantial” ethical dilemma, and, in a sense, the government can decide what is a “substantial burden” and what is not.

AP: The U.S. government is urging a federal judge to deny a Hobby Lobby Stores request to block the enforcement of a new health care law that requires employers to give staff insurance coverage for the morning-after pill and similar drugs.

Jonathan Adler at the Volokh Conspiracy: Oklahoma Attorney General E. Scott Pruitt today filed an amended complaint in the state’s lawsuit against the Patient Protection and Affordable Care Act that, among other things, challenges the legality of an IRS rule that would authorize tax credits for the purchase of health insurance in federally run exchanges, and thereby expose Oklahoma employers to penalties should they fail to comply with the law’s employer mandate.

LifeSiteNews: The Obama administration is set to levy as much as a $1.3 million per day fine against a Christian retail business based on their religious objection to abortifacient drugs, according to a lawsuit filed this week.

LifeNews: The lawsuit was filed in the US District Court for the Western District of Oklahoma and the business says it is opposing the Health and Human Services “preventive services” mandate, which it says forces the Christian-owned-and-operated business to provide, without co-pay, the “morning after pill” and “week after pill” in their health insurance plan, or face crippling fines up to 1.3 million dollars per day . . . Washington politicians cannot force families to abandon their faith just to earn a living,” said Lori Windham, Senior Counsel, Becket Fund for Religious Liberty, which is handling the lawsuit for Hobby Lobby.