Legal Opinion · Concurrence

Hobby Lobby Stores, Inc. v. Sebelius

Court of Appeals for the Tenth Circuit

Decided June 27, 2013No. 12-6294Published

1Concurrence

GORSUCH, joined by KELLY and TYMKOVICH, Circuit Judges,

concurring.

Judge Tymkovieh explains why Hobby Lobby and Mardel are entitled to a preliminary injunction. I write to explain why the Greens themselves, as individuals, are also entitled to relief and why the Anti-Injunction Act does not preclude us from supplying that relief.

All of us face the problem of complicity. All of us must answer for ourselves whether and to what degree we are willing to be involved in the wrongdoing of others. For some, religion provides an essential source of guidance both about what constitutes wrongful conduct…

2Cases cited29 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  3. Bennett v. SpearSupreme Court of the United States · 1997
  4. Gonzalez v. ThalerSupreme Court of the United States · 2012
  5. Connecticut National Bank v. GermainSupreme Court of the United States · 1992

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