The mandate requires most employers to cover a range of birth control methods for their workers and Hobby Lobby’s lawyers have argued “the case is an excellent vehicle for resolving an exceptionally important question on which the circuits are split.”
The birth control mandate appeared headed for the Supreme Court before the filing, but the petition could ratchet up pressure on the high court to take up the case.
“Hobby Lobby’s case raises important questions about who can enjoy religious freedom,” Kyle Duncan, the lead lawyer for Hobby Lobby, said in a statement. “Right now, some courts recognize the rights of business owners like the Green family, and others do not. Religious freedom is too important to be left to chance. The Supreme Court should take this case and protect religious freedom for the Green family and Hobby Lobby.”
Hobby Lobby’s filing on Monday creates the unusual situation of a winning plaintiff filing a petition “agreeing with the [defendant] that the Supreme Court should hear the appeal,” according to The Becket Fund for Religious Liberty.
The circuit courts have been split on the mandate, which requires most employers to cover a range of birth control methods for their workers.