Hobby Lobby and Mardel charge that the administration's rule under the Affordable Care Act that employer health plans cover female contraception -- or pay fines starting in 2013 -- violates their religious liberty protected by the First Amendment and the Religious Freedom Restoration Act. Dozens of other religious organizations are suing for the same reason.
The District Court has yet to issue a final judgment on the lawsuit and the Tenth Circuit Court of Appeals denied to grant the plaintiffs an injunction. Sotomayor made clear that they'll have to play by the rules as the courts consider the merits of the case.
"Even without an injunction pending appeal, the applicants may continue their challenge to the regulations in the lower courts," she wrote. "Following a final judgment, they may, if necessary, file a petition for a writ of certiorari in this Court."