Burwell v. Hobby Lobby Stores, Inc.
Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-354 | 10th Cir. | Mar 25, 2014 | Jun 30, 2014 | 5-4 | Alito | OT 2013 |
Holding: As applied to closely held corporations, the regulations promulgated by the Department of Health and Human Services requiring employers to provide their female employees with no-cost access to contraception violate the Religious Freedom Restoration Act.
Judgment: Affirmed, 5-4, in an opinion by Justice Alito on June 30, 2014. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined, and which Justice Breyer and Justice Kagan joined to all but Part III-C-1. Justice Breyer and Justice Kagan filed a dissenting opinion.
SCOTUSblog Coverage
- Rules for birth-control mandate after Hobby Lobby (UPDATED) (Lyle Denniston, August 22, 2014)
- New fallout from Hobby Lobby (Lyle Denniston, July 9, 2014)
- Symposium: No free lunch, But dinner and a movie (and contraceptives for dessert)? (John Eastman, July 7, 2014)
- Symposium: RFRA post-Hobby Lobby: what now? (O. Carter Snead, July 3, 2014)
- Hobby Lobby symposium: A decision based on conclusory assertions and results-oriented reasoning (Marcia Greenberger, July 2, 2014)
- Hobby Lobby Symposium: Hobby Lobby, unconstitutional conditions, and corporate law mistakes (Kent Greenfield, July 1, 2014)
- Hobby Lobby symposium: The exercise of religion is inseparable from human activity -- including supporting ones family (Travis Weber, July 1, 2014)
- Symposium: Looking forward from the Supreme Courts important but unsurprising Hobby Lobby decision (Kevin Walsh, July 1, 2014)
- Hobby Lobby symposium: Corporations who worship 1, women who work -- 0 (Dawn Johnsen, July 1, 2014)
- Hobby Lobby Symposium: Your God is bigger than my God (Ayesha Khan, June 30, 2014)
- Court rules in favor of for-profit corporations, but how broadly? In Plain English (Amy Howe, June 30, 2014)
- A "view" from the Court: Justice Alito has his day in finale (Mark Walsh, June 30, 2014)
- Analysis: Hobby Lobby and claims for religious exemptions from anti-discrimination laws? (Kevin Russell, June 30, 2014)
- Opinion analysis: Does the new religious exemption go far enough? (FURTHER UPDATE) (Lyle Denniston, June 30, 2014)
- ACA's return taxes the High Court (Mark Walsh, March 26, 2014)
- Argument recap: One hearing, two dramas (Lyle Denniston, March 25, 2014)
- Birth control, business, and religious beliefs: In Plain English (Amy Howe, March 25, 2014)
- Hobby Lobby and Conestoga Wood: Post-argument reactions (Kali Borkoski, March 25, 2014)
- Argument preview: Religion, rights, and the workplace (Lyle Denniston, March 20, 2014)
- Symposium: Accommodations, religious freedom, and the Hobby Lobby case (Richard Garnett, February 28, 2014)
- Symposium: Under a straight-forward reading of constitutional text and history and fundamentals of corporate law, Hobby Lobbys claims fail (Elizabeth Wydra, February 27, 2014)
- Symposium: In a battle of semantics, the family businesses win with scientific facts (Mailee Smith, February 25, 2014)
- Symposium: Mandates make martyrs out of corporate owners (Ilya Shapiro, February 24, 2014)
- Symposium: How to understand Hobby Lobby (Marty Lederman, February 24, 2014)
- Symposium: Hobby Lobby and Conestoga: The most difficult-to-answer question (John Bursch, February 21, 2014)
- Symposium: The contraceptives coverage controversy -- whats old is new again (Jessie Hill, February 21, 2014)
- Symposium: Why is RFRA still valid against the federal government? (Michael Dorf, February 20, 2014)
- Symposium: Congress answered this question: Corporations are covered (Douglas Laycock, February 19, 2014)
- Symposium: Religious questions and saving constructions (Ira Lupu and Robert Tuttle, February 18, 2014)
- Bold challenge to a law on religion (Lyle Denniston, January 28, 2014)
- Schedule set for contraception challenge briefing (Tom Goldstein, December 6, 2013)
- Practice pointer: Coordinating briefing in consolidated cases (Tom Goldstein, December 6, 2013)
- Court to rule on birth-control mandate (UPDATED) (Lyle Denniston, November 26, 2013)
- Petition of the day (Mary Pat Dwyer, November 8, 2013)
- UPDATE: Filings on health care law (Lyle Denniston, October 21, 2013)
| Date | Proceedings and Orders |
|---|---|
| 09/19/2013 | Petition for a writ of certiorari filed. (Response due October 21, 2013) |
| 10/21/2013 | Brief of respondents Hobby Lobby Stores, Inc., et al. filed. |
| 10/21/2013 | Brief amicus curiae of Association of Gospel Rescue Missions, et al filed. VIDED. |
| 10/21/2013 | Brief amicus curiae of Ovarian Cancer National Alliance filed. |
| 10/21/2013 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 10/21/2013 | Brief amici curiae of Physicians for Reproductive Health, et al. filed. |
| 10/21/2013 | Brief amici curiae of California, et al. filed. |
| 10/21/2013 | Brief amicus curiae of American Jewish Committee (AJC) filed. VIDED. |
| 11/04/2013 | DISTRIBUTED for Conference of November 26, 2013. |
| 11/05/2013 | Reply of petitioners Kathleen Sebelius, Secretary of Health and Human Services, et al. filed. (Distributed) |
| 11/14/2013 | Letter and attachment of petitioners Kathleen Sebelius, Secretary of Health and Human Services, et al. filed. (Distributed) |
| 11/26/2013 | Petition GRANTED. The petition for a writ of certiorari in No. 13-356 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| 12/03/2013 | Letter from counsel for respondents Hobby Lobby Stores, Inc., et al. regarding briefing. VIDED |
| 12/03/2013 | Letter from counsel for Sebelius, Sec. of H&HS, et al. regarding briefing filed. VIDED |
| 12/03/2013 | Letter from counsel for petitioner Conestoga Wood Specialties Corp., et al. regarding briefing filed. VIDED |
| 12/05/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners |
| 12/06/2013 | All briefs for an amicus curiae must be filed on or before Tuesday, January 28, 2014. An amicus curiae brief in support of the Government or in support of neither party shall bear a light green cover, and an amicus curiae brief in support of a non-Government party shall bear a dark green cover. An amicus curiae may file only a single brief in case Nos. 13-354 and 13-356. VIDED |
| 01/08/2014 | SET FOR ARGUMENT ON Tuesday, March 25, 2014. VIDED |
| 01/10/2014 | Joint appendix filed. |
| 01/10/2014 | Brief of petitioner Kathleen Sebelius, Secretary of Health and Human Services, et al. filed. |
| 01/14/2014 | Record received from U.S.C.A. 10th Circuit is electronic and located on PACER, along with one envelope containing the pleadings in this case. |
| 01/23/2014 | Brief amici curiae of Pacific Legal Foundation,, et al. in support of non-Government parties filed. VIDED. |
| 01/24/2014 | Brief amici curiae of Azusa Pacific University, et al. in support of neither party. VIDED. |
| 01/24/2014 | Brief amici curiae of Center for Constitutional Jurisprudence, et al. in support of non-Government parties filed. VIDED. |
| 01/24/2014 | Brief amici curiae of Reproductive Research Audit in support of non-Government parties filed. VIDED. |
| 01/27/2014 | Brief amicus curiae of National Religious Broadcasters in support of non-Governent parties filed. |
| 01/27/2014 | Brief amici curiae of Senators Orrin G. Hatch, et al. in support of non-Government parties filed. VIDED. |
| 01/27/2014 | Brief amici curiae of Democrats for Life of America and Bart Stupak in support of non-Government parties filed. VIDED. |
| 01/27/2014 | Brief amici curiae of Michigan, Ohio, and 18 Other States in support of non-Government parties filed. VIDED. |
| 01/27/2014 | Brief amici curiae of Drury Development Corp., et al. in support of non-Government parties filed. VIDED. |
| 01/27/2014 | Brief amicus curiae of National Association of Evangelicals in support of non-Government parties filed. VIDED. |
| 01/27/2014 | Brief amicus curiae of American Freedom Law Center in support of non-Government parties filed. VIDED. |
| 01/27/2014 | Brief amicus curiae of Texas Black Americans for Life, et al. in support of non-Government parties filed. VIDED. |
| 01/27/2014 | Brief amicus curiae of Hon. Daniel H. Branch in support of non-Government parties filed. VIDED. |
| 01/27/2014 | Brief amici curiae of Church-State Scholars Frederick Mark Gedicks, et al. in support of the Government filed. VIDED. |
| 01/27/2014 | Brief amici curiae of Freedom From Religion Foundation, et al. in support of the Government filed. |
| 01/27/2014 | Brief amicus curiae of State of Oklahoma in support of non-Government parties filed. |
| 01/27/2014 | Brief amici curiae of Liberty, Life, and Law Foundation, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Beverly Lahaye Institute and Janice Shaw Crouse, Ph.D. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of 67 Catholic Theologians and Ethicists in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Women Speak for Themselves in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of United States Conference of Catholic Bishops in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Cato Institute in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Knights of Columbus in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of U.S. Women's Chamber of Commerce, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Guttmacher Institute and Professor Sara Rosenbaum in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of American Jewish Committee, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Religious Organizations in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of National Women's Law Center, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of 91 Members of the United States House of Representatives in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of American College of Obstetricians and Gynecologists, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Foreign and Comparative Law Experts Lawrence O. Gostin, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Corporate and Criminal Law Professors in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of California, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of National League of Cities, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Ovarian Cancer National Alliance, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Family Research Council in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Liberty Institute in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Breast Cancer Prevention Institute, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of 9 Academic Institutions, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of C12 Group, LLC in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of National Jewish Commission on Law and Public Affairs ("COPLA"), et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Liberty University and Liberty Counsel in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. |
| 01/28/2014 | Brief amici curiae of United States Senators Murray, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Catholic Medical Association in support of non-Government parties filed. |
| 01/28/2014 | Brief amicus curiae of American Civil Rights Union in support of non-Government parties filed. |
| 01/28/2014 | Brief amici curiae of Massachusetts Citizens for Life, Inc., et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Council for Christian Colleges & Universities, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Christian Booksellers Association, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Eagle Forum Education & Legal Defense Fund, Inc., et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Foundation for Moral Law in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Association of American Physicians and Surgeons, Inc., et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Rutherford Institute in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Ethics and Public Policy Center in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of U.S. Senators Ted Cruz, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Church of the Lukumi Babalu Aye, Inc., et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Judicial Watch in support of non-Government parties filed. |
| 01/28/2014 | Brief amici curiae of 38 Protestant Theologians, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Electric Mirror, LLC, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of American Center for Law & Justice, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Thomas More Law Center in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of John A. Ryan Institute for Catholic Social Thought in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Judicial Education Project in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Constitutional Law Scholars in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Westminster Theological Seminary in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Jewish Social Policy Action Network in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of Independent Women's Forum in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Historians and Legal Scholars in support of neither party filed. VIDED. |
| 01/28/2014 | Brief amici curiae of National Health Law Program, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Professor Emeritus of Law Charles E. Rice, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Freedom X, et al. in support of the non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of J.E. Dunn Construction Group, Inc., et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of The Center for Inquiry, et al. in support of the Government filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of David Boyle in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Christian Legal Society, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of 88 Members of Congress in support of non-Government parties filed. |
| 01/28/2014 | Brief amici curiae of Julian Bond, et al. filed. VIDED. |
| 01/28/2014 | Brief amicus curiae of The International Conference of Evangelical Chaplain Endorsers in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Women's Public Policy Groups, et al. in support of non-Government parties filed. VIDED. |
| 01/28/2014 | Brief amici curiae of Honorable Joseph B. Scarnati III, et al. in support of non-Government parties filed. VIDED. |
| 02/03/2014 | CIRCULATED. |
| 02/10/2014 | Brief of respondents Hobby Lobby Stores, Inc., et al. filed. (Distributed) |
| 03/12/2014 | Reply of petitioners Kathleen Sebelius, Secretary of Health and Human Services, et al. filed. (Distributed) |
| 03/20/2014 | A total of 90 minutes is allotted for oral argument and the time is to be divided equally. VIDED |
| 03/25/2014 | Argued. For private parties: Paul D. Clement, Washington, D. C. For the federal government: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. VIDED. |
| 03/25/2014 | Letter from counsel for respondents filed. (Distributed) |
| 06/30/2014 | Adjudged to be AFFIRMED. No. 13-356, REVERSED AND REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Kennedy, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined, and in which Breyer and Kagan, JJ., joined as to all but Part III-C-1. Breyer and Kagan, JJ., filed a dissenting opinion. VIDED. |
| 08/01/2014 | JUDGMENT ISSUED. |
| 08/01/2014 | Record returned for U.S.C.A. 10th Circuit. |
Issue: Whether the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. “” 2000bb et seq., which provides that the government “shall not substantially burden a person”s exercise of religion” unless that burden is the least restrictive means to further a compelling governmental interest, allows a for-profit corporation to deny its employees the health coverage of contraceptives to which the employees are otherwise entitled by federal law, based on the religious objections of the corporation”s owners.