By Ed Whelan — May 21, 2015
Yesterday the D.C. Circuit denied en banc review of a panel decision that rejected a challenge to the HHS mandate accommodation brought by the Catholic archbishop of Washington, D.C., and nonprofit organizations affiliated with the Catholic church (including the lead named plaintiff, Priests for Life). The vote against en banc review apparently was 6-3. (The caption of the order identifies only Judge Janice Rogers Brown and Judge Brett Kavanaugh as voting to grant the petition, but Judge Karen Henderson joins Brown’s opinion dissenting from the denial.)