The Yale Law Journal

Erin Morrow Hawley

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The Jurisdictional Question in Hobby Lobby

Erin Morrow Hawley

Burwell v. Hobby Lobby Stores, Inc. may well be the biggest case of the past Term.1 But by its own rules, the Supreme Court lacked jurisdiction to decide the case. An obscure statute, the Anti-Injunction Act of 1867 (AIA), imposes a pay-first requirement on federal tax challenges. The deeply…