Written by Don Byrd
The 10th Circuit Court of Appeals has taken an unusual step in Hobby Lobby’s challenge to the contraception mandate. On Friday, they granted a motion to hear the case as an entire court of 9 judges (en banc), rather than first reviewing the case on the merits with a 3-judge panel as is customary. The court also approved an unopposed motion to expedite the hearing.
Earlier, a panel refused to grant an injunction barring the enforcement of the contraception mandate against the secular company, despite its owner’s personal religious objections and claim that the closely held company is an extension of themselves. According to the Becket Fund, a hearing on the appeal of that ruling is expected this Spring.
Think Progress’ Ian Millhiser speculates that the decision to hear the case en banc means the court is posed to issue the injunction the panel refused.
