District Judge Reluctantly Grants Hobby Lobby Preliminary Injunction In Contraceptive Mandate Challenge

As previously reported, a divided en banc 10th Circuit last month held that Hobby Lobby Stores and Mardel, Inc. had demonstrated a likelihood of success on their claim that the Affordable Care Act contraceptive coverage mandate substantially burdens their free exercise rights. The case was remanded to the district court for findings on the balance of equities and the public interest before issuing a preliminary injunction. Yesterday, as reported by The Oklahoman, Oklahoma federal district court Judge Joe Heaton issued a preliminary injunction to prevent enforcement of the mandate against the two businesses. However, in his ruling from the bench, he indicated his disagreement with the 10th Circuit's reasoning, calling the 10th Circuit's view that corporations have religious exercise rights an “exotic definition of personhood.” and a "political fiction."