U.S. government must decide whether to appeal court’s ruling

A federal court granted Hobby Lobby Stores a preliminary injunction July 19 against the Health & Human Services (HHS) abortion-drug mandate. The ruling prevents the U.S. government from enforcing the new law requiring the company to provide insurance coverage for the morning-after pill and similar contraceptives for its employees. 

The case is on hold until Oct. 1. The federal government must now decide whether to appeal.

The preliminary injunction was issued by U.S. District Judge Joe Heaton in Oklahoma City, where the 500-plus store arts-and-crafts chain is headquartered. The suit also covered the Mardel Christian bookstore chain, also owned by the Green family.

The victory came less than a month after a landmark decision by the full 10th Circuit Court of Appeals that ruled 5-3 in favor of Hobby Lobby exercising religion under the First Amendment. The appellate court also said the retailer was likely to win its case against the mandate.

“The tide has turned against the HHS mandate,” said Kyle Duncan, general counsel with The Becket Fund for Religious Liberty and lead attorney for Hobby Lobby.

In an opinion read from the bench, the court said: “There is a substantial public interest in ensuring that no individual or corporation has their legs cut out from under them while these difficult issues are resolved.”

At press time, more than 60 lawsuits were in process challenging the HHS mandate. The Becket Fund represents a number of higher education institutions as well as the Eternal Word Television Network.