Little Sisters of the Poor Home for the Aged Denver, Colorado v Burwell

A sua sponte poll for en banc review was sent out to all active judges. A majority voted against en banc review. Five judges dissented from the denial arguing that the panel majority opinion in this case failed to accept the Sister’s claim that they believe executing documents which will trigger contraceptive coverage is independently sinful and by so doing subjected them to large penalties in violation of the free exercise clause.