Analysis and commentary on the practice of appellate law and on news, events and decisions from the Colorado Supreme Court, Colorado Court of Appeals, Tenth Circuit Court of Appeals and United States Supreme Court
The Ralph Carr Judicial Center is finally open for business, and the folks at Denver Infill have put up the last of a series of many posts chronicling the construction of the new courthouse. In addition to the photos posted by Denver Infill, last week the Denver Post posted a series of photos of the finished building, which you can see here.
The Daily Oklahoman has this story on a Tenth Circuit order, issued today, which denies a motion for a temporary injunction pending Hobby Lobby's appeal of an Oklahoma district court's dismissal of its challenge to a provision of Obamacare. Hobby Lobby challenged the Obamacare requirement that employers provide certain types of contraceptive drugs and devices, which Hobby Lobby claims violates its right of free exercise of religion under the First Amendment and the Religious Freedom Restoration Act.
The Western District of Oklahoma dismissed Hobby's Lobby's lawsuit just over a month ago, on November 19. Hobby Lobby promptly moved for an injunction pending resolution of its appeal to prevent the implementation of the Obamacare requirement, which otherwise takes effect January 1, 2013.
The two-judge panel (Judge Ebel and Lucero) addressing Hobby Lobby's motion adopted the district court's analysis in an order that spans less than seven pages. The panel pointed out that in ruling on the motion, it assessed the same factors that will control the merits panel's review of the underlying appeal. Having rejected Hobby Lobby's motion for an injunction pending appeal using the same factors that will control on the merits, it might seem unlikely that Hobby Lobby will succeed on the merits. However, it is also likely that the merits panel will comprise a different group of Tenth Circuit judges, and equally likely that the merits panel does a far more thorough and penetrating analysis of the parties' competing arguments.
Hobby Lobby's challenge to the Obamacare mandate is being handled by the Becket Fund for Religious Liberty, which posted a press release on the Tenth Circuit's ruling here. The next step for Hobby Lobby is to seek an emergency injunction from the Supreme Court, which will almost certainly be denied.
The Wall Street Journal and other outlets are reporting that the Supreme Court has granted cert in a case involving whether a federal law denying benefits to same-sex spouses violates the Constitution. The Court also granted cert in the California Prop 8 case.