Green Room

Ted Cruz, Liberty Counsel file amicus briefs in Hobby Lobby case

posted at 12:24 pm on January 28, 2014 by

Rather than make this an update on my earlier post, let’s let this ride on top a bit instead. It’s not just Cruz in the Senate, but also John Cornyn, Mike Lee, and David Vitter who have signed onto an amicus brief on behalf of Hobby Lobby in their Supreme Court argument against the HHS contraception mandate:

U.S. Sen. Ted Cruz, R-Texas, joined by Sens. John Cornyn, R-Texas, Mike Lee, R-Utah, and David Vitter, R-La., filed an amicus brief today in support of the challenge by Hobby Lobby and Conestoga Wood Specialties against Obamacare’s contraception mandate.

“The First Amendment guarantees every American the right to free exercise of religion,” said Sen. Cruz. “Yet, the Obama Administration has chosen repeatedly to break the law by giving breaks to big business and Congress, while refusing to grant those same waivers to people with sincerely held religious beliefs.”

In the brief, the senators document the numerous ways in which the Obama Administration has unilaterally ignored the text of the law, while at the same time failing to protect Americans’ religious liberties.

“The various delays and exceptions that the Administration has announced all have one effect: exempting even more health care plans from the requirements of the ACA,” the brief says. “In each instance, the beneficiaries of these exemptions are the politically powerful and well-connected. The Administration, however, refuses to grant the same leniency to those for whom the contraception mandate violates their sincere religious beliefs.”

Specifically, the senators point to the Administration’s unilateral decision to delay the health insurance requirements, the cap on out-of-pocket costs, the expansion of the employer mandate penalty, and the granting of health subsidies to Members of Congress and Congressional staff as examples of how the Administration has ignored the text of the law.

“We will not stand by as President Obama continues to skirt the law, selectively enforcing Obamacare and hand-picking winners and losers to satisfy his political agenda,” said Sen. Cornyn. “I join in filing this brief to protect the rights of all Texans and all Americans to practice their religious beliefs without obstruction from the federal government.”

“The ability to practice the faith we choose is one of our great Constitutional rights. The Obama administration’s contraceptive mandate stomps on that right,” added Sen. Vitter.

Liberty Counsel has also filed an amicus brief in this case. The Becket Fund, which represents Hobby Lobby and a number of other clients against the HHS mandate, reports that the Supreme Court will receive more than 50 amicus briefs opposing the mandate and urging the court to invalidate it:

At midnight tonight over 50 briefs will be filed in the U.S. Supreme Court on behalf of Hobby Lobby Stores and the Green family, supporting their challenge to the HHS mandate.  The Becket Fund represents Hobby Lobby and the Greens and is the leading resource on all HHS mandate cases.

The Becket Fund will continue to update its website as the briefs are filed.   As of 11:00am today:

Three Congressional briefs will be filed by members of Congress from both parties.

  • 107 members of the House and Senate asked the Supreme Court to protect the Greens’ religious freedom.
  • Fifteen original signers of the Religious Freedom Restoration Act submitted a bicameral brief arguing that the civil-rights law at the core of the case was intended protect the religious exercise of business owners like the Green family.
  • More than 85* members of the House and Senate joined a bipartisan brief asking the Court to protect religious freedom.
  • The signers are both Republicans and Democrats, men and women, and represent 34 states.

Twenty states filed a brief asking the Supreme Court to protect Hobby Lobby.

It’s going to be a fun case to watch.

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Obama: I have a pen! And a Phone! And, Mr. Supreme Court Justice, it sure would be a shame if some of those NSA files got leaked…..

Mike Lee is on board, which is good. He was a clerk for I think Scalia. Maybe Thomas. He knows the ropes and how it works there.

Vanceone on January 28, 2014 at 12:33 PM

There is a reason this right is enshrined in the 1st Amendment. Without this freedom, America is not America.

txmomof6 on January 28, 2014 at 12:37 PM

Excellent 🙂

22044 on January 28, 2014 at 12:49 PM

I’m betting that Cruz’s brief runs circles around the Senate Dems’ brief.

BuckeyeSam on January 28, 2014 at 1:09 PM

I’m confused. Your headline says “Liberty University”, but the body says “Liberty Counsel”.

oldleprechaun on January 28, 2014 at 1:33 PM

oldleprechaun on January 28, 2014 at 1:33 PM

Actually, it’s both Liberty Counsel and Liberty University, but I changed the headline to match the post better. Thanks!

Ed Morrissey on January 28, 2014 at 1:36 PM

Can’t go wrong with BOTH Liberty University and the Liberty Counsel.

Two doses of freedom for the price of one!

Pablo Honey on January 28, 2014 at 2:29 PM

Nothing is more sacred, no more studied, than the persecution that our founding fathers endured regarding religions freedom.

That was the founding principle of our nation…that the government get out of our religious life.

It never works for the better of the people, for the government to impose any restrictions, laws, commandments, rules, taxes, fees, regulations, on our freedom, and religious freedom is the litmus test.

right2bright on January 28, 2014 at 3:19 PM

The liberal assault on religion continues apace. The Human Rights Campaign is busily trying to get Utah’s appeal to the 10th circuit on SSM dismissed because Utah’s lawyer for the appeal is LDS. That’s it, that’s the reason. They flat out state that because he is an active LDS member who thinks he has a religious duty he should not be allowed to represent Utah and that the case should fail.

That’s the leftist position now. That just by virtue of your faith, you are disqualified from serving in any capacity in government.

Vanceone on January 28, 2014 at 3:31 PM

Wait. Is this right, or did you mean to say that Cornyn joined the Democrats’ amicus?

besser tot als rot on January 28, 2014 at 3:34 PM

Besser: No, the Dem’s filed their amicus brief saying that we should ban God, basically. This one is a different one, filed by Cruz and Lee. Cornyn joined that one, not the democratic one.

Vanceone on January 28, 2014 at 4:11 PM

Obama: I have a pen and I’ll use it to bypass Congress, if necessary!

Biden: I have a pencil and I can write my name without my mommy’s help!

Kingfisher on January 28, 2014 at 4:46 PM

All they had on Romney was that he had an offshore account & that he put his dog on the roof of his car & with that he lost to Commie Obama who’s been destroying our country for the last 5 years while blaming Bush.Now we’re suppose to take his advice on who should run? We need someone who’s not going to turn the other cheek.

RdLake on January 28, 2014 at 5:37 PM

I heart Ted Cruz and Mike Lee.

stenwin77 on January 28, 2014 at 7:37 PM

Biden: I have a pencil and I can write my name without my mommy’s help!

Kingfisher on January 28, 2014 at 4:46 PM

Let me show you:

Neil Kinnock

See? I did it.

Kafir on January 28, 2014 at 7:43 PM

I know where Obama should stick his phone and his pen.

Sherman1864 on January 28, 2014 at 8:14 PM

…thank you!

KOOLAID2 on January 28, 2014 at 11:59 PM