Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Hobby Lobby granted full court hearing for mandate case
cna ^ | April 1, 2013 | Adelaide Darling

Posted on 04/02/2013 9:06:14 AM PDT by NYer

Hobby Lobby. Courtesy of the Becket Fund.

Washington D.C., Apr 1, 2013 / 05:02 pm (CNA/EWTN News).- 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.


TOPICS: Breaking News; Business/Economy; Constitution/Conservatism
KEYWORDS: bhohealthcare; contraception; hhs; hobbylobby; lawsuit; mandate; obamacare; religiousliberty
Navigation: use the links below to view more comments.
first 1-2021-4041-44 next last

1 posted on 04/02/2013 9:06:14 AM PDT by NYer
[ Post Reply | Private Reply | View Replies]

To: netmilsmom; thefrankbaum; Tax-chick; GregB; saradippity; Berlin_Freeper; Litany; SumProVita; ...

Catholic ping!


2 posted on 04/02/2013 9:06:35 AM PDT by NYer (Beware the man of a single book - St. Thomas Aquinas)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NYer

Didn’t the “Wise Latina” of the US Supreme Court already make this determination? Or was what she did merely a punt?


3 posted on 04/02/2013 9:11:18 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NYer

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.


4 posted on 04/02/2013 9:12:15 AM PDT by hondact200 (Candor dat viribos alas (sincerity gives wings to strength) and Nil desperandum (never despair))
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

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.


5 posted on 04/02/2013 9:12:54 AM PDT by Hostage (Be Breitbart!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: NYer
If Hobby Lobby loses, we no longer live in a Constitutional Republic, which means there has been a coup.
6 posted on 04/02/2013 9:13:34 AM PDT by E. Pluribus Unum ("Somebody has to be courageous enough to stand up to the bullies." --Dr. Ben Carson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hostage

Thanks for the clarification.


7 posted on 04/02/2013 9:14:31 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
[ Post Reply | Private Reply | To 5 | View Replies]

Comment #8 Removed by Moderator

To: NYer

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!


9 posted on 04/02/2013 9:19:52 AM PDT by Hostage (Be Breitbart!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NYer
Why should companies have to pay for any health insurance at all?
It used to be a perk, a way to attract good workers.
After people started to take it for granted, and it became mandatory, the gov't has been using it as a vehicle to pile massive costs onto businesses, without any checks and balances.
Now each business have to spend tons time and money on something not related to their area of expertise.
Get companies out of health care, unless they choose to provide it.
Maybe opt to give people a raise or a voucher to go seek their own coverage. Or nothing.
People can then choose to work for a large company with perks and overhead, or a lean company that pays better.

10 posted on 04/02/2013 9:44:48 AM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All
12/29/12 FR POSTED: Hobby Lobby to Defy Sotomayor Ruling on Morning-After Pill

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

http://www.hobbylobby.com/home.cfm?market=yp

===========================================

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

How-To

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.

11 posted on 04/02/2013 9:46:44 AM PDT by Liz
[ Post Reply | Private Reply | To 9 | View Replies]

To: fwdude
The fact that there weren't Senators hanging from lamp posts in DC after they passed BarryCare means there won't be any reaction other than more talk. Folks made one big demonstration then went home to figure out what condiments they need to buy to help them stomach the chit sandwich they resigned themselves to eating.

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.

12 posted on 04/02/2013 9:49:11 AM PDT by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory.)
[ Post Reply | Private Reply | View Replies]

To: Liz

AWESOME! I wanna try this!


13 posted on 04/02/2013 9:52:22 AM PDT by magna carta
[ Post Reply | Private Reply | To 11 | View Replies]

To: BitWielder1
Companies ending coverage works out every bit as well for the democrat fascist crowd. They'll still be able to control who lives and who dies once they're past age 65 by regulations on hospitals and doctors.

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.

14 posted on 04/02/2013 10:00:13 AM PDT by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: NYer

10th Circuit jurisdiction includes: Colorado, Kansas, New Mexico, Eastern, Northern and Western Oklahoma, Utah and Wyoming.


15 posted on 04/02/2013 10:06:24 AM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: magna carta

Wonderful-looking-—so easy to do with little work-—and no craft skills.


16 posted on 04/02/2013 10:19:51 AM PDT by Liz
[ Post Reply | Private Reply | To 13 | View Replies]

To: fwdude

Yes, I beleive the stupid mexican member of the hispanic klan did make some such comment.


17 posted on 04/02/2013 10:20:46 AM PDT by Neoliberalnot (Marxism works well only with the uneducated and the unarmed.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Rashputin
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.

Right. By making something MANDATORY by LAW, they have everyone over the barrel.
However, I'm not sure if the states should be in the insurance business either, besides setting basic rules.
Insurance should not be mandatory. If you can drive without insurance, why can't you live without insurance?
And IF medical insurance is to be mandatory, then it should be bare-bones minimum, to defray costs if you get sick.
Not to cover everything, like sex change operations and other non-essential things.

18 posted on 04/02/2013 10:35:02 AM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
[ Post Reply | Private Reply | To 14 | View Replies]

To: NYer

To be decided by the Supreme court of lawless judges.


19 posted on 04/02/2013 11:25:01 AM PDT by Revel
[ Post Reply | Private Reply | To 1 | View Replies]




Freepers, your Contributions make every difference!
Please keep ‘em coming! Thank you all very much!

20 posted on 04/02/2013 1:21:24 PM PDT by RedMDer (May we always be happy and may our enemies always know it. - Sarah Palin, 10-18-2010)
[ Post Reply | Private Reply | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-44 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson