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.