As the calendar year turned, many new local, state, and federal laws came into effect. One of the provisions of the Patient Protection and Affordable Care Act (PPACA), which is also called "Obamacare", has raised the hackles of a pair of privately held corporations. These corporations are religiously objecting to complying with PPACA's birth control access requirements, because as we know, corporations are people except for the purposes of carpooling, but they must have religious beliefs, right? As it turns out, (surprise!) not many courts are buying the argument that closely held private corporations have religious beliefs. Clearly these Court have not run into the cultish Apple devotees.
Weak jokes aside, Hobby Lobby's attempt to escape the regulatory clutches of PPACA is a novel attempt at imputing further First Amendment rights on corporations. It is a bold strike at enlarging recent caselaw and enhancing their position as a corporation.
Weak jokes aside, Hobby Lobby's attempt to escape the regulatory clutches of PPACA is a novel attempt at imputing further First Amendment rights on corporations. It is a bold strike at enlarging recent caselaw and enhancing their position as a corporation.
In a verified complaint, Hobby Lobby, Inc. challenged the HHS mandate under the Administrative Procedure Act, the Religious Freedom Restoration Act, and the First Amendment on September 12, 2012 and simultaneously moved for a preliminary injunction. The District Court rejected attempts to secure a preliminary injunction. Their appeal met a similar fate before a two judge motions panel for the Tenth Circuit.
Hobby Lobby, and the Green family that owns it (and a sister entity, Mardel, Inc.) appealed that additional rejection to the Supreme Court and Justice Sotomayor, as the Circuit Justice for the Tenth Circuit, had the task of reviewing their emergency application for an injunction. As it turns out, Justice Sotomayor held that the privately held corporations did not "satisfy the demanding standard for the extraordinary relief they seek."
The Oklahoma District Judge held that Hobby Lobby et. al were secular for-private corporations that did not possess free exercise of religion rights under the First Amendment. Justice Sotomayor saw no reason to disagree or have the Supreme Court interject at this stage. Justice Sotomayor concluded her denial by reminding the Petitioners that they could file a petition for a writ of certiorari after a final judgment.
Illinois businesses need to understand their compliance of local, federal and state statutes. Businesses need an attorney that understands their legal requirements and what the best methods for ensuring compliance are and how to convey that to their employees.
Nair Law LLC can help businesses breakdown their obligations and strategize on how to best comply with the many layers of regulations. Nair Law has experience with all sizes of businesses and offers a wide variety of expertise in regulatory compliance and enforcement defense. We look forward to helping businesses see not only how to deal with regulation but also how to thrive by unlocking better, more efficient methods of compliance than their competitors. Contact us today and Nair Law can begin to help protect your company's future.
Hobby Lobby, and the Green family that owns it (and a sister entity, Mardel, Inc.) appealed that additional rejection to the Supreme Court and Justice Sotomayor, as the Circuit Justice for the Tenth Circuit, had the task of reviewing their emergency application for an injunction. As it turns out, Justice Sotomayor held that the privately held corporations did not "satisfy the demanding standard for the extraordinary relief they seek."
The Oklahoma District Judge held that Hobby Lobby et. al were secular for-private corporations that did not possess free exercise of religion rights under the First Amendment. Justice Sotomayor saw no reason to disagree or have the Supreme Court interject at this stage. Justice Sotomayor concluded her denial by reminding the Petitioners that they could file a petition for a writ of certiorari after a final judgment.
Illinois businesses need to understand their compliance of local, federal and state statutes. Businesses need an attorney that understands their legal requirements and what the best methods for ensuring compliance are and how to convey that to their employees.
Nair Law LLC can help businesses breakdown their obligations and strategize on how to best comply with the many layers of regulations. Nair Law has experience with all sizes of businesses and offers a wide variety of expertise in regulatory compliance and enforcement defense. We look forward to helping businesses see not only how to deal with regulation but also how to thrive by unlocking better, more efficient methods of compliance than their competitors. Contact us today and Nair Law can begin to help protect your company's future.
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