Friday, June 28, 2013
The Tenth Circuit issued yesterday a divided and quite lengthy opinion in Hobby Lobby Stores Inc. v. Sebelius. The court has held that Hobby Lobby has rights under the Religious Freedom Restoration Act, despite being a corporation, that are likely to protect the entity from compliance with the ACA's contraceptive coverage requirements. The case is remanded to the district court for additional findings as to whether the Hobby Lobby stores should be exempted from the ACA's statutory requirements, consistent with the Tenth Circuit's interpretation of RFRA. For more summary and analysis, see Lyle Denniston at SCOTUSblog. The slow march to the Supreme Court continues.