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.
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.
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