Fed Court Action on Hobby Lobby Challenge ‘Extremely Rare’
Federal appeals court grants Hobby Lobby’s request to speed court case
By Brianna Bailey
A federal appeals court in Denver has granted Hobby Lobby Stores Inc.’s request for the entire court to hear its legal challenge over part of the Affordable Care Act that requires the company to cover emergency contraceptives for its employees.
Typically, appeals cases are heard by a panel of three judges, but Hobby Lobby had asked the full court to hear the case — a request that federal appeals courts seldom grant, said Kyle Duncan, general counsel for the Becket Fund for Religious Liberty, which is defending Hobby Lobby in its lawsuit.
“It’s extraordinarily rare for the court to do that — we think the takeaway is that the court as a whole recognizes how important the case is and wants to devote their full attention to it,” Duncan said.
The 10th U.S. Circuit Court of Appeals on Friday also granted the Oklahoma City-based crafts retailer’s request to expedite the court case.