The conservative United States Justice Foundation also has filed a brief with the appellate court in support of Hobby Lobby.
In its court filing, the Justice Foundation argues that the Greens' stance on emergency contraceptives is protected by the First Amendment.
“The mandate forces employers like Hobby Lobby to choose between paying for contraceptives and abortifacient services they find immoral or suffering the imposition of significant fines. If employers want to avoid both of these consequences, they must close their businesses entirely,” The Justice Foundation said in its brief. “For any business owner — though perhaps especially for the Greens, who are running a company that has been family-owned and operated for more than 40 years — this coerced choice from among three equally injurious evils constitutes a substantial burden.”
The Breast Cancer Prevention Institute, an organization that claims some types of contraceptives cause breast cancer, and anti-abortion groups the Bioethics Defense Fund and the Life Legal Defense Foundation, also have notified the court that they intend to file briefs in support of Hobby Lobby.
Hobby Lobby is asking the appellate court for an injunction against the health care law mandate that requires the company to cover emergency contraceptives for its employees. The company has said it faces fines of up to $1.3 million a day for failing to provide the coverage to its employees.
The court is expected to hear oral arguments in Hobby Lobby's case this spring.