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LITTLE SRS. OF THE POOR HOME FOR AGED v. BURWELL

Nos. 13-1540, 14-6026, 11-6028.

799 F.3d 1315 (2015)

LITTLE SISTERS OF THE POOR HOME FOR THE AGED, DENVER, COLORADO, a Colorado non-profit corporation, et al., Plaintiffs-Appellants, v. Sylvia Mathews BURWELL, Secretary of the United States Department of Health and Human Services, et al., Defendants-Appellees. Association of Gospel Rescue Missions, et al., Amici Curiae. Southern Nazarene University, et al., Plaintiffs-Appellees, v. Sylvia Mathews Burwell, in her official capacity as Secretary of the United States Department of Health and Human Services, et al., Defendants-Appellants. American Civil Liberties Union, et al., Amici Curiae. Reaching Souls International, Inc., an Oklahoma not for profit corporation, et al., Plaintiffs-Appellees, v. Sylvia Mathews Burwell, Secretary of the United States Department of Health and Human Services, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 3, 2015.

Attorney(s) appearing for the Case

Daniel Howard Blomberg , Adele Auxier Keim , Mark Rienzi , Becket Fund for Religious Liberty, Washington, DC, Seth Michael Roberts , Carl Christopher Scherz , Locke Lord , Dallas, TX, Kevin C. Walsh , University of Richmond School of Law, Richmond, VA, for Plaintiffs-Appellants.

Megan Barbero , Michelle Renee Bennett , Bradley Philip Humphreys , Adam C. Jed , Alisa Beth Klein , Patrick Nemeroff , Mark B. Stern , U.S. Department of Justice, Washington, DC, for Defendants-Appellees.

Kimberlee Wood Colby Springfield, VA, Stephen Robert Clark , Clark & Sauer, St. Louis, MO, Deborah Jane Dewart , Swansboro, NC, Ayesha N. Khan , Americans United for Separation of Church and State, Noel Francisco, Jones Day, Leila Abolfazli , Kimberley K. Allen , Charles E. Davidow , Andree J. Goldsmith , Paul, Weiss, Rifkind, Wharton Si Garrison , Judith G. Waxman , National Health Law Program, Gretchen Borchelt , Marcia D. Greenberger , Emily Martin , Washington, DC, Mary Elizabeth McAlister , Liberty Counsel, Lynchburg, VA, Steven W. Fitschen, Esq. , The National Legal Foundation, Virginia Beach, VA, Martha Jane Perkins , National Health Law Program, Carrboro, NC, for Amici Curiae.

Before BRISCOE, Chief Judge, KELLY, LUCERO, HARTZ, TYMKOVICH, GORSUCH, HOLMES, MATHESON, BACHARACH, PHILLIPS, MCHUGH, and MORITZ, Circuit Judges.

ORDER

On July 14, 2015, the original panel opinion issued in these matters. On July 23, 2015, the Plaintiffs filed petitions for certiorari to the United States Supreme Court and did not petition for rehearing to this court. Nonetheless, a poll was called, sua spante, to consider en bane rehearing. Upon that consideration, a majority of the active judges of the court voted to deny. Judges Kelly, Hartz, Tymkovich, Gorsuch, and Holmes voted to grant en banc...

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