Hobby Lobby v. Sebelius
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Transcript of Hobby Lobby v. Sebelius
Hobby Lobby v. Sebelius
Kyle Duncan Interview• Background
– Mr. Duncan began career helping individuals and organizations protect their religious freedoms by teaching con law at U Miss. Law.
– Served as solicitor general and appellate chief of the LA department of Justice
– Met with Becket Fund individuals and joined organization as general counsel
• Hobby Lobby v. Sebelius– Beginning of cases where
businesses built on religion sued under RFA and Free Exercise to get out of mandate
– During course of lawsuit, wanted to make sure that Hobby Lobby was not a case about women’s rights or whether businesses should or should not offer contraceptive coverage.
– Case about whether everyone can practice their religion freely
Interview Cont.• How did the media play a
role?– Most important thing is to
make sure the media knows your point of view, not necessarily that they agree with it
– Happy with how media represented case as question of religious liberty, not whether gov’t has a role in providing contraceptive coverage
• How did your beliefs play a role?– He believes everyone should
be able to practice religion freely, but beliefs not crucial to this case
Free Exercise Clause
Free Exercise Clause“Congress shall make no law respecting the
establishment of religion, or prohibiting the free exercise thereof.”
The First Amendment is applicable to the states through the 14th Amendment.
Hobby Lobby’s ArgumentHobby Lobby argued that the plaintiffs’ sincerely held
religious beliefs prohibits them from providing coverage or access to coverage for abortion-causing drugs or
devices or related education and counseling.
The mandate violates the religious freedoms of Green and his Family who oppose abortion and abortion-inducing
drugs, including certain contraceptives.
RuleRational Basis Scrutiny: If a law is both neutral and
generally applicable, it only has to be rationally related to a legitimate governmental interest to survive a
constitutional challenge.
Neutral: A law is neutral if its object is something other than the infringement or restriction of religious
practices.
NeutralityHobby Lobby: The Mandate exempts some religious
employers from compliance while compelling others to provide coverage for preventive services.
The Court: the Mandate is neutral.To hold that any religious exemption makes a statute not
neutral would be to discourage the enactment of any such exemptions- and thus to restrict, rather than
promote, freedom of religion.
General Applicability
Laws burdening religious practice must be of general applicability.
General Applicability
Hobby Lobby: the Mandate is not generally applicable because of the numerous exemptions, including those for
grandfathered plans and religious employers.
The Court: the Mandate does not pursue governmental interests only against conduct motivated by religious
belief.
The Law is generally applicable.
Rational Basis Scrutiny
The Mandate is neutral and of general applicability, so it is subject only to
rational basis scrutiny.
Religious Freedom Restoration Act[RFRA]
Hobby Lobby’s Argument
The Preventive Care Mandate and the Defendants’ threatened enforcement of the
Mandate violate the plaintiffs’ rights secured to them by the Religious Freedom Restoration Act
of 1993
Prima Facie Case
(1) a substantial burden imposed by the federal government on a (2) sincere (3) exercise of religion
in furtherance of a compelling governmental interest and is the least restrictive means of furthering that
compelling governmental interest.
Substantial Burden
The critical question was whether the mandate imposed a “substantial” burden on the Greens
for purposes of the RFRA.
Hobby Lobby’s Argument
Following convictionsv.
Paying enormous fines
Court’s AnalysisDirect Effect
Court: plaintiffs complain of the particular burden that funds, which plaintiffs will contribute to a group health plan, might, after a series of independent decisions by health care providers and patients covered by Hobby
Lobby’ plan, subsidize someone else’s participation in an activity that is condemned by plaintiff’s religion.
Injunction Granting Courts• Holdings: Corporations have standing to assert both the free exercise rights
and the RFRA claims of their owners when the religious beliefs of the owners and of the corporations are indistinguishable
• RFRA Findings:– Because the ACA’s contraceptive coverage mandate places direct
substantial pressure on the plaintiffs, the plaintiffs’ religious exercise have been violated
– the government, while having compelling interests in promoting public health and ensuring equal access to health care, has either • 1) failed to show that the ACA contraceptive mandate will further the
government’s interests • or 2) failed to prove that the contraceptive mandate is the least
restrictive means of achieving the government’s interest. • The Government’s health care interests were outweighed by the plaintiffs’,
and public’s, interest in the rights afforded by the RFRA.
Aftermath• Following the district court’s decision in Hobby
Lobby, the Plaintiffs appealed and filed a motion for injunction pending resolution of appeal in the Tenth Circuit – Tenth Circuit denied the Plaintiffs’ motion for injunction
• Plaintiffs applied to Supreme Court’s Circuit Justice for an injunction pending appellate review – On December 26 2012, the Circuit Justice for the Tenth
Circuit, Justice Sotomayer, denied the application for an injunction pending appellate review