The showdown is here: We have a private company that is outright refusing to obey the Obamacare HHS mandate after having been denied an injunction while their lawsuit is pending. This is going to cost the owners of Hobby Lobby a pretty penny, bless 'em. I just hope they can survive it.
What perhaps someone can explain to me is the weird inconsistency among the different federal court regions with regard to granting injunctions to prevent private businesses from being crushed by fines while their suits are pending. Hercules Industries got an injunction while their suit is pending. Korte & Luitjohan Contractors, Inc. just got an injunction in the last day or so. But Hobby Lobby has to be smooshed. Why? I assume it's because the particular circuit (the 10th) ruling on their case was less sympathetic than the courts who happened to examine the other cases. But SCOTUS denied an appeal for an emergency injunction for Hobby Lobby as well, and this paragraph concerning the Korte and Luitjohan case is a little puzzling:
Second, the court distinguished Justice Sotomayor’s recent decision not to grant Hobby Lobby emergency relief, rightly noting that Justice Sotomayor applied a much different standard:But the “demanding standard” for issuance of an extraordinary writ by the Supreme Court . . . differs significantly from the standard applicable to a motion for a stay or injunction pending appeal in this court. As Justice Sotomayor noted, the entitlement to relief must be “‘indisputably clear.’”
I'm not sure I'm getting that. It seems to be saying that the very same request--for an injunction to prevent grave harm while a suit is pending--is subject to a different evidential standard in federal courts depending on whether the court in question is the Supreme Court or a Circuit Court. Do I have that right? So if the 10th Circuit was more or less filled with biased liberal jerks exercising extremely poor legal judgement, and if this explains their refusal of an injunction, SCOTUS isn't supposed to second-guess the 10th Circuit and prevent irreparable harm to Hobby Lobby while their suit continues unless, well, unless something. Unless the wrongness of their refusing the injunction was even clearer to somebody or other (or enough somebodies or others) on SCOTUS than it is.
Meanwhile, if you need anything in the crafty line (alas, I am not remotely crafty), please go buy it at Hobby Lobby and show your support.