DENVER (AP) — Five federal judges are criticizing a decision by the 10th Circuit Court of Appeals not to rehear a challenge to a case involving birth control, which could strengthen the case for U.S. Supreme Court review.
A dissenting opinion written by Judge Harris Hartz issued Thursday called the court's decision wrong, saying it "has little to do with contraception and a great deal to do with religious liberty."
The 10th Circuit Court of Appeals issued an order staying a decision for Little Sisters of the Poor and four Oklahoma Christian colleges pending Supreme Court review.
The nuns are challenging the religious exemption in the health-care law. They say the exemption is inadequate because a third party will still end up providing birth control coverage in opposition to their religious beliefs.