Skip to comments.Hobby Lobby wins partial victory from appeals court in health care challenge
Posted on 06/27/2013 11:15:01 AM PDT by gwjack
A federal appeals court in Denver has reversed a lower court's decision to deny Hobby Lobby Stores Inc.'s quest for an injunction against part of the Affordable Care Act that requires it to cover the cost of emergency contraceptives for some of its employees.
In a 168-page ruling issued Thursday, the appellate court sent Hobby Lobby case back to a lower court for further review.
The panel of nine appellate court judges who heard arguments in the case in May ruled unanimously that Hobby Lobby and its affiliated Christian bookstore chain Mardel have the right to sue over the Affordable Care Act.
The ruling is a blow to the federal government's argument that as for-profit corporations, the companies cannot claim that the health care law is a violation of constitutionally protected religious freedoms.
Five of the nine judges found that Hobby Lobby meets at least part of the legal standard to receive a temporary injunction against the health care law while its lawsuit is ongoing.
The other four judges said the company fully meets the legal standard and that the appellate court should order the lower court to grant the company an injunction.
Hobby Lobby's lawsuit will now head back to U.S. District Court for the Western District of Oklahoma, which earlier ruled against Hobby Lobby's quest for relief from the health care law.
Beginning in July, the company faces fines of as much as $1.3 million a day for failing to comply with the health care law.
I know this is an answer to prayer.
” Beginning in July, the company faces fines of as much as $1.3 million a day for failing to comply with the health care law.”
INSANE fine.....all calculated to destroy a Christian- owned business.
I predict they will lose when SCOTUS tells them “it’s a tax and you’re all bigots”.
Beat me to it.
It is an excessive fine, and it is calculated to destroy a Christian business. It is also a shocking violation of the Bill of Rights:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The thugs on the far left managed to grossly and intentionally violate the First and Eighth amendments. The current thugocracy cannot be considered legitimate.
Such draconian measures beg for civil disobedience.
Tyndale House Publishers got a stay in its case as well this past fall. They are far from out of the woods but at least aren’t being fined yet either.
Let’s hope it will ultimately destroy CommieCare.
They threw them a bone yet the country is still burning to the ground.
Seriously, prayers up and stand strong HL!
This is wonderful news. We have had a hard week in this country but here is a bright spot.
That's a major smack-down back to the lower court. The fight continues, and that's good news!
It really is a bright spot. We need it! And welcome to FR.:) A lot of good folks on here.
It kind of different. I have been reading posts for several years and didn’t think I had much to contribute but so far Im learning the ropes.
You’ll be great.:)
Means nothing until the Kings in Black Dresses (the “Supreme” Court) rules.
Just advancing the mice to the next round.
With Roberts compromised, I fear this will fail.
I wish there were an ad campaign on this. The government is arguing that we forfeit our rights when we engage in anything for profit.
Hi redgolum, I hope you are well.
While you may be correct about the Kings (and Queens, Ginsburg, Kagan, and Sotomayor — oh, and also Kennedy) I personally refuse to be so cynical.
In the matter of Hobby Lobby, it does mean something; it means $39 Million each and every month. The Green family has a temporary reprieve until it gets to the Supremes. I wish them the best in their efforts.
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.