Lankford: Hobby Lobby One Step Closer to Injunction

Press Release

Representative James Lankford (R-OK) expressed relief after the Tenth Circuit Court of Appeals remanded Hobby Lobby's HHS contraceptive mandate appeal back to the District Court for the Western District of Oklahoma. Hobby Lobby is seeking a temporary injunction of the HHS contraceptive mandate on the grounds of religious liberty infringement.

"The Court's decision to remand the case back down to the lower court is one step closer to a victory for the First Amendment," said Lankford. "It is also a positive step for small businesses around the country whose owners have refused the Administration's healthcare mandate to provide free contraceptives and abortifacient drugs to their employees."

Today, the Tenth Circuit Court reversed and remanded Hobby Lobby's appeal back down to the District Court. In its initial denial, the District Court applied a four-factor standard for granting a preliminary injunction to Hobby Lobby. The District Court originally decided Hobby Lobby did not meet the first factor. Therefore, they did not issue a ruling on the remaining factors.

In today's ruling, the Tenth Circuit unanimously reversed the District Court's decision, ruling that Hobby Lobby did meet the first factor of the standard. The Tenth Circuit ruled that a family business like Hobby Lobby is likely to succeed on its claims against the HHS mandate. Five judges (a majority) agreed that Hobby Lobby met the second factor. Four judges agreed that Hobby Lobby met the remaining two factors and would have awarded Hobby Lobby the injunction. However, this opinion did not get the required fifth vote. Therefore, the Tenth Circuit has sent the case back down to the District Court with instructions to analyze the other factors and reach a final decision.

"The process of justice in this case is continuing to move in a positive direction, albeit slowly. If the Court fails to issue the injunction before Monday, July 1, Hobby Lobby could be forced to pay around $1.3 million per day until the larger case is legally resolved or for an indefinite amount of time. Hobby Lobby's faith-based objections to the HHS mandate represent a violation of the First Amendment rights of its owners, and their case represents the concerns of a growing number of Americans who do not feel the Administration's religious beliefs should trump their own.

"I would hope a favorable outcome in this case and others in the future would remind the Executive Branch that our liberties are codified within the Constitution, not the Department of Health and Human Services. I look forward to a swift decision in favor of Hobby Lobby on the injunction at the District level," continued Lankford.

Currently, private companies like Hobby Lobby face enormous fines because their faith does not align with the President's policies on certain drugs. Businesses can be fined $100 per employee per day for failing to provide those drugs for free to their employees.

If a business has a faith objection to the President and his agencies, they face a $36,500 fine per year per employee. On the other hand, if a business refuses to provide health insurance at all, they are fined $2,000 per year per employee.

"The punitive amount of the fine makes it clear that the Administration has a greater interest in judging people's religious beliefs than providing health care," concluded Lankford.

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