Skip to comments.Hobby Lobby granted full court hearing for mandate case
Posted on 04/02/2013 9:06:14 AM PDT by NYer
.- Christian-owned craft giant Hobby Lobby will be able to make its appeal against the federal contraception mandate before a full federal panel of nine judges, rather than the usual three.
“Full court review is reserved only for the most serious legal questions,” explained Kyle Duncan, general counsel for the Becket Fund for Religious Liberty in a press release on March 29. The Becket Fund is representing the owners of Hobby Lobby in court.
Duncan said that the decision to grant a full nine-judge hearing speaks to the gravity of the issue.
“This case asks whether the First Amendment protects everyone’s right to religious freedom, or whether it leaves out religious business owners like the Greens,” he explained.
As its religious freedom case comes before a federal court, Hobby Lobby had petitioned for an “en banc” hearing, or an appeals hearing before the full bench of nine judges.
“We are grateful that the court granted Hobby Lobby’s petition,” said Duncan.
The arts and crafts retailer is one of well over 100 plaintiffs challenging a mandate issued by the Department of Health and Human Services to require employers to provide contraception, some abortion-inducing drugs and sterilizations.
A narrow religious exemption included in the mandate does not apply to for-profit businesses run by religious individuals.
Since its founding in an Oklahoma City garage in 1972, Hobby Lobby has grown to more than 500 stores in 40 states. Its founder and CEO, David Green, and his family describe themselves as committed Christians who strive to serve God through all their endeavors, including their business.
The Greens donate large amounts of money to charitable causes, maintain a minimum wage that is significantly higher than that required by federal law and close their stores on Sundays, sacrificing profit to allow their employees to worship and rest.
As Christians, the Greens also object to funding or facilitating any drugs that can cause abortions, including the “morning after” and “week after” pills. Their lawsuit argues that their First Amendment guarantees of religious freedom are being violated through the mandate’s demands.
Both a federal district court and an appeals court initially denied an injunction that would have blocked the mandate from going into effect while Hobby Lobby argued its case.
The courts said that although the Greens express their sincere religious beliefs through their company, they did not feel that those beliefs were directly burdened by the mandate’s requirements.
Supreme Court Justice Sonia Sotomayor denied the company’s emergency injunction appeal in December, saying that the case did not meet the extreme standard necessary for the Supreme Court to intervene.
Without an injunction, Hobby Lobby was faced with up to $1.3 million per day in fines for violating the mandate, beginning Jan. 1 of this year.
In January, however, the retailer released a statement saying it had found a way delay the crippling fines by “shift(ing) the plan year for its employee health insurance, thus postponing the effective date of the mandate for several months.”
The company has said that despite the threat of staggering fines, it will continue fighting to exercise its owners’ religious beliefs in its policies.
In addition to granting a full panel of judges for the appeal, the 10th Circuit also said in its March 29th response to Hobby Lobby’s plea that it will “grant the pending request to expedite oral argument,” thereby accelerating the appeals process.
The court said that a date for the appeals case will be set soon. Arguments are expected to take place in the spring.
Didn’t the “Wise Latina” of the US Supreme Court already make this determination? Or was what she did merely a punt?
this is good for hobby lobby. the choice option for small business owners has been delayed till 2015. Odumb@$$Care makes the government look like a bunch of jack@$$es, because they cannot implement their deadlines so they arbitrarily change the dates.
It says she denied an emergency injunction but not the case.
The business was able to defer the mandate start date by changing effective dates of their insurance coverage.
Thanks for the clarification.
When reading that the federal government would impose $1.3 million per day fine on this business and its Christian owners for not providing baby killing coverage, I had a sudden vision that we are headed for a uprising. Such persecution cannot be tolerated. The only way to get serious attention of federal courts and agencies seems to be, I am sorry to say, an uprising.
If the federal government wants to bill people direct for their baby killing coverage, fine and they can deal with the backlash. Leave businesses and their sponsored health coverage alone!
SUPPORT HOBBY LOBBY Hobby Lobby is one of the few stores that carries the Krylon Looking Glass Spray Paint needed to make those wonderful antique mercury glass look-alike items. The mercury glass objects look great in Christmas displays with votive lights flickering inside----I used cobalt blue accent pieces.
Examples of Krylon sprayed on clear glass items---lots of tutorials on-line.
NO STORES NEAR YOU? SHOP HOBBY LOBBY ONLINE
MARTHASTEWART.COM...has this simple technique that lends new, shiny glass ornaments the muted, authentic appearance of antique mercury glass---supplies available at Hobby Lobby. . NOTE: As authentic mercury glass ages, it loses some of its luster and tends to darken in spots. DIY'ers will need a little paint and small sponges to get the effect.
Tools and Materials---1 small tube of white gouache paint, 1 small tube of black gouache paint, 2 small natural sponges,Tissues
1. Place tea each white/black paint in separate bowls. Dilute with water droplets til consistency of heavy cream. 2. dab entire surface with sponge dipped in white gouache cream. 3. While still wet, use tissues to gently dab creating a mottled look. 4. W/ 2nd sponge, lightly and sparingly dab a few places with black gouache. 5. Use clean tissues to lighten and blur the black spots, creating the appearance of flaked mercury glass. 6. Let dry for at least 1 hour.
There wasn't even enough anger and energy to throw King Barry out of office in the past election.
The democrat facist party has a very long history of using violence to get their way.
Those who oppose these fascists have a very long history of harsh language among themselves.
So this bloody reaction will be magic assault keyboards? Incantations that make harsh language lethal?
I wish things were different, but I'm afraid that when people can find an excuse to not vote to keep Barry out of a second term no matter who the alternative is, they're not going to do anything except sit and chatter.
AWESOME! I wanna try this!
Insurance is the stalking horse, Federal control and regulations and mandates on doctors and hospitals has to be eliminated and left entirely to each State.
10th Circuit jurisdiction includes: Colorado, Kansas, New Mexico, Eastern, Northern and Western Oklahoma, Utah and Wyoming.
Wonderful-looking-—so easy to do with little work-—and no craft skills.
Yes, I beleive the stupid mexican member of the hispanic klan did make some such comment.
To be decided by the Supreme court of lawless judges.