Hobby Lobby Wins Before En Banc Tenth Circuit
The U.S. Court of Appeals for the Tenth Circuit, sitting en banc, breathed new life into Hobby Lobby’s religious freedom challenge to the so-called “contraception mandate.” Here is how Judge Tymkovich...
View ArticleCan For-Profit Corporations Have Religious Purposes?
Expanding on Will’s post from Wednesday (and his prior post here), it seems to me the argument that corporations, as such, cannot press religious liberty claims (or, to put it another way, cannot...
View ArticleHobby Lobby, the Employer Mandate, and Religious Exemptions
Last week, the Supreme Court agreed to decide two new religious exemption cases, Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialty Store v. Sebelius. There are a lot of moving parts in...
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1A. What Is the Religious Freedom Restoration Act?
(For an introduction to this series of posts, see here.) 1. Say that you feel a religious obligation to use a prohibited drug — hoasca (the drug at issue in Gonzales v. O Centro Espírita Beneficente...
View Article1B. Why Have RFRA-Like Religious Exemption Regimes?
(For an introduction to this series of posts, see here.) The previous post in this series has explained what RFRA is, and what general rules it sets forth. For nearly all the remaining posts, I’ll take...
View Article1C. How RFRA May Make Religious Exemption Claims More Appealing to Courts...
(For an introduction to this series of posts, see here.) The RFRA religious exemption regime may seem less exemption-friendly than the Sherbert/Yoder-era constitutional exemption regime, precisely...
View Article2A. Do Religious Exemption Rights Extend To Commercial Behavior?
(For an introduction to this series of posts, see here.) Let us turn now more closely to the issues raised by Hobby Lobby, but take them one at a time. The first issue is: Should religious exemption...
View Article2B. Does RFRA Allow Exemptions from Burdens Imposed on Corporations?
(For an introduction to this series of posts, see here.) Much of the recent debate about Hobby Lobby and similar cases has focused on whether RFRA allows exemptions from burdens imposed on...
View Article3A. Does Requiring Employers to Provide Insurance Covering Certain Behavior...
(For an introduction to this series of posts, see here.) * * * 1. Some people have argued that RFRA shouldn’t apply in Hobby Lobby because the employer mandate doesn’t require employers to actually do...
View Article3B. Would Granting an Exemption from the Employer Mandate Violate the...
(For an introduction to this series of posts, see here.) In the preceding post, I’ve argued that Hobby Lobby might well prevail on the claim that the employer mandate substantially burdens its owners’...
View Article4A. RFRA Strict Scrutiny: The Slippery Slope Question
(For an introduction to this series of posts, see here.) So far, I’ve argued that Hobby Lobby likely has a good case as to the claim that the employer mandate substantially burdens religious exercise,...
View Article3A2 [extra]. A Brief Note on the “Substantial Burden” Requirement
I’ve argued below that, if someone believes that it’s religiously wrong for him to be complicit in certain behavior, requiring him to act in such a way is a “substantial burden” on his religious...
View Article4B. RFRA Strict Scrutiny: The Argument from Secular Exceptions
(For an introduction to this series of posts, see here.) On then to another general argument — the argument that, regardless of the specific interests the government asserts in support of the employer...
View Article5A. RFRA Strict Scrutiny: The Interest in Protecting Health
(For an introduction to this series of posts, see here.) We can now get to what I think should be the heart of the case: whether denying Hobby Lobby an exemption from the requirement of providing...
View Article5B. RFRA Strict Scrutiny: The Interest in Sex Equality
(For an introduction to this series of posts, see here.) Today, I’m blogging about what I think should be the heart of the Hobby Lobby case: whether denying Hobby Lobby an exemption from the...
View Article5C. RFRA Strict Scrutiny: The Interest in Protecting Newly Created Private...
[Please note the UPDATE below.] (For an introduction to this series of posts, see here.) Today, I’m blogging about what I think should be the heart of the Hobby Lobby case: whether denying Hobby Lobby...
View Article6. Beyond RFRA: What Should We Think of Mutual Duties of Accommodation?
Whew. That was a lot of writing on Hobby Lobby last week, and a lot of reading. I hope it was helpful, interesting, or both. Now, fortunately, I’m finishing up, but I wanted to close with one broader...
View ArticleA Response on the Hobby Lobby Posts, from Matt Bowman at the Alliance...
I thought I’d pass this along, since many of our readers are interested in the case. Naturally, I’m also open to posting something from one of the lawyers or academics on the opposite side of the...
View ArticleMy Hobby Lobby Posts, in a Single Word Document
Here are my Hobby Lobby posts in a single Word document, in case some of you might find them helpful. [...] The post My Hobby Lobby Posts, in a Single Word Document appeared first on The Volokh...
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