Birth Control Mandate Challenge Heads To Supreme Court

Law360, New York (December 9, 2013, 3:20 PM EST) -- We previously described and analyzed the U.S. Court of Appeals for the Tenth Circuit’s en banc decision in Hobby Lobby Stores Inc. v. Sebelius, No. 12-6294 (10th Cir. June 27, 2013), which held that for-profit religious employers possessed standing under the Religious Freedom and Restoration Act ("RFRA") to challenge certain birth control mandates contained in the Patient Protection and Affordable Care Act, and that such corporations would suffer irreparable harm if made to comply with the mandates. Subsequently, the U.S. District Court for the Western District of Oklahoma issued an injunction against the government preventing it from enforcing the mandates or...

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