lawyer who defended hobby lobby

by Maxie Schmitt 10 min read

Full Answer

Who was the lawyer for Hobby Lobby?

The three women in the court focused their questioning on Hobby Lobby's lawyer, Paul Clement, while the men focused on the administration's lawyer, Solicitor General Donald B. Verrilli Jr. Justice Sotomayor quoted the ruling from United States v.

Who praised the Supreme Court's ruling on Hobby Lobby?

Conservative and pro-life groups praised the ruling. National Review said that the Supreme Court ruling "Alliance Defending Freedom attorney Matt Bowman to call Hobby Lobby an 'inclusive decision' that advances everyone's freedom." Susan B. This is a great victory for religious liberty – the bedrock of our founding.

What happened in the Hobby Lobby case?

On November 19, 2012, U.S. District Judge Joe L. Heaton denied Hobby Lobby's request for a preliminary injunction. On December 26, 2012, Justice Sonia Sotomayor issued an in-chambers opinion denying an injunction pending appeal. In March 2013, the United States Court of Appeals for the Tenth Circuit granted a hearing of the case.

Does Hobby Lobby discriminate?

The Green family and Hobby Lobby have always gone out of their way to respect the diverse beliefs and views of all their employees and customers and do not discriminate. The Court was emphatic: the ruling did not in any way provide a license to discriminate. What about reports that Hobby Lobby has discriminated against women or LGBT employees?

Who argued the Hobby Lobby case?

Argument and deliberation Oral arguments were held on March 25, 2014 for 30 minutes more than the usual one hour. The three women in the court focused their questioning on Hobby Lobby's lawyer, Paul Clement, while the men focused on the administration's lawyer, Solicitor General Donald B. Verrilli Jr.

Did Hobby Lobby win their lawsuit?

The court ruled 5-4 in favor of David and Barbara Green and their family business, Hobby Lobby. The Court upheld a June 2013 ruling by the Tenth Circuit Court of Appeals protecting Hobby Lobby and the Green family from the U.S. Department of Health and Human Services (HHS) mandate.

Has Hobby Lobby filed a lawsuit?

The court ruled 5-4 in favor of David and Barbara Green and their family business, Hobby Lobby ruling they do not have to violate their faith or pay severe fines.

What religion does Hobby Lobby practice?

ChristianHobby Lobby, the arts-and-crafts chain whose devout Christian owners won a landmark Supreme Court ruling on religious freedom, is caught up in an antiquities-smuggling scandal that has opened the company to accusations of hypocrisy.

Does Hobby Lobby support abortion?

Several funds in the Hobby Lobby retirement plan also invested in Aetna and Humana, two health insurance companies that cover surgical abortions, abortion drugs, and emergency contraception in many of the health care policies they sell.

When was the Hobby Lobby case decided?

June 30, 2014Burwell v. Hobby Lobby Stores, Inc. / Date decided

Is Hobby Lobby owned by a Mormon?

The chain has 969 stores in 47 states. A Christian-owned company, Hobby Lobby incorporates American conservative values and Christian media....Hobby Lobby.A Hobby Lobby location in Stow, OhioProductsArts and crafts suppliesRevenue$5 billion (2018)OwnerGreen familyNumber of employees43,000+ (2020)10 more rows

Who does Hobby Lobby support?

Hobby Lobby says it aims to honor the Lord by following biblical principles; establish a work environment that builds character, strengthens individuals and nurtures families and provides a return on its owner's investment so he can share the Lord's blessings with its 13,000 employees.

Is the founder of Hobby Lobby Mormon?

A devout Christian, he still serves as Hobby Lobby's CEO and goes to work six days a week. He won a 2014 Supreme Court case that exempted "closely held" companies with strong religious beliefs from providing employees the morning-after pill.

What was the ruling in the Hobby Lobby case?

Hobby Lobby, the US Supreme Court ruled that the contraceptive mandate promulgated under the Patient Protection and Affordable Care Act violated privately held, for-profit corporations' right to religious freedom.

Does Hobby Lobby have insurance?

Hobby Lobby Health Insurance Hobby Lobby provides medical, life, and long-term disability to eligible employees. Flexible Spending Plans are also available.

Who was the lawyer in Hobby Lobby v. Lee?

The three women in the court focused their questioning on Hobby Lobby's lawyer, Paul Clement, while the men focused on the administration's lawyer, Solicitor General Donald B. Verrilli Jr. Justice Sotomayor quoted the ruling from United States v. Lee (1982) saying that an employer can't deprive employees of a statutory right because of religious beliefs. Clement replied that Lee does not apply because it was a challenge against a tax rather than against a significant burden. Sotomayor said that instead of paying the burden of the penalty, Hobby Lobby could replace its health care with the equivalent expense of higher wages and a calibrated tax, which the government would use to pay for the employees' health care. Near the end of Clement's argument, Justice Kennedy expressed concern for the rights of the employees who may not agree with the religious beliefs of their employers. When Verrilli argued that the ruling in Cutter v. Wilkinson requires the court to weigh the impact on third parties in every RFRA case, Justice Scalia said that the RFRA does not require the court to balance the interest of the religious objector to the interest of other individuals. Verilli returned to Lee, saying that granting an exemption to an employer should not impose the employer's religious faith on the employees.

What court did Hobby Lobby appeal to?

In September, the government appealed to the U.S. Supreme Court.

What is Hobby Lobby suing?

In September 2012, Hobby Lobby filed a lawsuit in the United States District Court for the Western District of Oklahoma against enforcement of the contraception rule based on the RFRA and the Free Exercise Clause of the First Amendment.

What did the Supreme Court say about Hobby Lobby?

National Review said that the Supreme Court ruling " [led] Alliance Defending Freedom attorney Matt Bowman to call Hobby Lobby an 'inclusive decision' that advances everyone's freedom ." Susan B. Anthony List President Marjorie Dannenfelser said, "This is a great victory for religious liberty – the bedrock of our founding. In living out our religious convictions, there are certain things we must not do. This is why we are at a watershed moment. Religious people will no longer be ordered to take action that our religion says we must not take." Family Research Council President Tony Perkins said, "The Supreme Court has delivered one of the most significant victories for religious freedom in our generation. We are thankful the Supreme Court agreed that the government went too far by mandating that family businesses owners must violate their consciences under threat of crippling fines." The U.S. Conference of Catholic Bishops said, "We welcome the Supreme Court's decision to recognize that Americans can continue to follow their faith when they run a family business ... Now is the time to redouble our efforts to build a culture that fully respects religious freedom."

What are the two briefs in Conestoga Wood Specialties v. Sebelius?

On November 26, the Supreme Court accepted and consolidated the case with Conestoga Wood Specialties v. Sebelius. Two dozen amicus briefs support the government, and five dozen support the companies. American Freedom Law Center 's brief argues that birth control harms women because men will only want them "for the satisfaction of [their] own desires." Another brief argues that the contraception rule leads to "the maximization of sexual activity". Two of the briefs oppose each other on the constitutionality of the RFRA. Two briefs that do not formally take sides oppose each other on whether the right to religion applies to corporations. One of those briefs argues that if shareholders are separated by the corporate veil from corporate liabilities, then their religious values are also separate from the corporation. It mentions the ruling in Domino's Pizza, Inc. v. McDonald made against the African American owner of JWM Investments whose contracts were breached due to racial discrimination. The brief argues that if JWM Investments could not suffer discrimination through its owner, then Hobby Lobby could not suffer religious burden through its owner. Two briefs were filed by LGBT groups concerned that future anti-discrimination laws would be pre-emptively harmed if employers could claim to be religiously exempt.

Which court vacated Eden Foods v. Hobby Lobby?

Forbes reported that following the ruling in Burwell v. Hobby Lobby, "the Supreme Court vacated the judgment against Eden Foods and sent the case back to the U.S. Court of Appeals for the Sixth Circuit for further consideration."

What is the Supreme Court ruling in Employment Division v. Smith?

Smith (1990) that a person may not defy neutral laws of general applicability even as an expression of religious belief. "To permit this," wrote Justice Scalia, citing the 1878 Reynolds v. United States decision, "would make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. " He wrote that generally applicable laws do not have to meet the standard of strict scrutiny, because such a requirement would create "a private right to ignore generally applicable laws". Strict scrutiny would require a law to be the least restrictive means of furthering a compelling government interest.

Why did Hobby Lobby prevail in the Green family case?

Professor Hawley: Hobby Lobby prevailed in this case because the Green family had demonstrated that they run their business in accord with their religious convictions, that they always have, that it is important to them, and that the government has substantially burdened those faith convictions by trying to get them to pay for abortion inducing drugs–or, of course, threatening to fine them $475 million a year. That is the first part. And the second part is that Hobby Lobby prevailed because the court said the court said that the government had other ways to deliver these abortion-inducing drugs to women free of cost without forcing people of faith to violate their faith in doing so. And the government hasn’t even tried. The government, if it wants to provide these abortion inducing drugs, then the government should do so itself and is perfectly able to do so.

Who is Joshua Hawley?

Pathway Associate Editor Benjamin Hawkins interviewed attorney Joshua Hawley, a University of Missouri law school professor who was on the Beckett Fund legal team that defended Hobby Lobby before the U.S. Supreme Court, shortly after the high court announced a 5-4 decision in favor of Hobby Lobby in its case against the ObamaCare contraceptive mandate:

A Historic Ruling

This landmark ruling, as Bloomberg first reported, is one of first impression, meaning it is a case in which a legal issue has never before been decided by that governing jurisdiction.

A Brief History of Bathroom Battles

Efforts to prevent transgender people from using public bathrooms that match their gender identity are nothing new, of course.

Why Hobby Lobby Lost

In its arguments, Hobby Lobby unsuccessfully claimed Sommerville, who came out to family in 2009 and transitioned at work in 2010, could simply use the unisex bathroom it installed in 2013.

Will Hobby Lobby Play the Christianity Card?

Although it was not a part of the appellate case, that potential next round could feature a religious objection to Sommerville’s claim. Christian groups like the Alliance Defending Freedom have already gone to court to fight transgender inclusion in school sports and access to affirming healthcare.

What did the Supreme Court rule in favor of Hobby Lobby?

In a 5-4 decision, the Supreme Court ruled in favor of Hobby Lobby's right to withhold reproductive benefits, determining that private companies were allowed to be exempt from the law on the basis of religious preferences. The ruling led to widespread protests and rallies around the country.

What did the Jones family say about Hobby Lobby?

While the Green family attorney told The Oklahoman the suit was "financially motivated and an attempt to tarnish the family's reputation," the Jones family attorney said the Hobby Lobby family had aspirations of taking control of what was then the sixth largest charity in the world.

What did religious groups do after the Supreme Court ruling?

Shortly after the Supreme Court ruling, religious group leaders banded together to send a letter to the White House calling for an exemption from Obama Administration policies that prevented discrimination on the basis of sexuality. Using the decision and the precedent from the Hobby Lobby case as its catalyst, the group urged autonomy in hiring and operation decisions.

Is Hobby Lobby a controversial store?

A Hobby Lobby store. Joe Raedle/Getty Images. It's been a particularly controversial year for Hobby Lobby, from endangering employees during the coronavirus outbreak to prompting a boycott over a pro-Trump store display. However, the arts-and-crafts store — led by the conservative Christian founder and CEO David Green and his family — has had ...

Is Hobby Lobby stealing artifacts?

In 2017, federal prosecutors found that Hobby Lobby illegally smuggled rare and stolen artifacts to the US by shipping the items to its Oklahoma City headquarters in boxes labeled as ceramic tile samples. The Green family first started collecting the biblical antiques in 2009, despite warnings from a property law expert contracted by Hobby Lobby at the time.

Does Hobby Lobby honor the Lord?

Unlike most retail executives, who adhere to a strict separation of church and state policy, Green regularly references God in company memos, including Hobby Lobby's commitment to "honoring the Lord in all we do by operating the company in a manner consistent with Biblical principles.".

Does Hobby Lobby cater to Jewish people?

According to reports, when a customer inquired if the store sold decor for Jewish holidays, an employee allegedly responded that Hobby Lobby "does not cater to your people.".

Overview

Reactions

Barbara Green, co-founder of Hobby Lobby, said "Today, the nation's highest court has reaffirmed the vital importance of religious liberty as one of our country's founding principles. The court's decision is a victory, not just for our family business, but for all who seek to live out their faith."
Conestoga CEO Anthony Hahn said, "Americans don't have to surrender their freedom when they open a family business."

Background

The United States Supreme Court ruled in Employment Division v. Smith (1990) that a person may not defy neutral laws of general applicability even as an expression of religious belief. "To permit this," wrote Justice Scalia, citing the 1878 Reynolds v. United States decision, "would make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. " He wrote that generally applicable laws do not have to m…

U.S. Supreme Court consideration

On November 26, the Supreme Court accepted and consolidated the case with Conestoga Wood Specialties v. Sebelius. Two dozen amicus briefs support the government, and five dozen support the companies. American Freedom Law Center's brief argues that birth control harms women because men will only want them "for the satisfaction of [their] own desires." Another brief argues that the contraception rule leads to "the maximization of sexual activity". Two of the briefs oppo…

Opinion of the Court

On June 30, 2014, Associate Justice Samuel Alito delivered the judgment of the court. Four justices (Roberts, Scalia, Kennedy, and Thomas) joined him to strike down the HHS mandate, as applied to closely held corporations with religious objections, and to prevent the plaintiffs from being compelled to provide contraception under their healthcare plans. The ruling was reached on statutor…

Aftermath

Forbes reported that following the ruling in Burwell v. Hobby Lobby, "the Supreme Court vacated the judgment against Eden Foods and sent the case back to the U.S. Court of Appeals for the Sixth Circuit for further consideration."
On November 6, 2015 the Supreme Court of the United States decided it will hear arguments for the case of Zubik v. Burwell combined with six other challenges—including Priests for Life v. Burw…

Implications

Although the court stated clearly that the decision is limited to the contraceptive mandate (Syllabus p. 4-5), the ruling is seen to have consequences extending far beyond contraception. Walter Dellinger, former acting solicitor general said, "for the first time, commercial enterprises could successfully claim religious exemptions from laws that govern everyone else." Fifteen states had filed a brief arguing that businesses would be able to deny coverage for transfusions…

See also

• United States corporate law
• List of United States Supreme Court cases, volume 573
• King v. Burwell
• Zubik v. Burwell