You don’t see this too often. Hobby Lobby, Respondents, and prevailing party in the 10th Circuit, support the government’s cert petition.
The government’s petition contends that 1) the issues presented here are important, 2) the lower federal courts are divided, and 3) the decision below is incorrect. The government is correct on two out of its three contentions. The issues presented in the government’s petition are indeed important, and the circuits are now hopelessly divided on critical questions of standing and religious liberty. However, Respondents respectfully suggest that the considered decision of the en banc Tenth Circuit Court of Appeals is correct. Nonetheless, Respondents agree with the government that, in light of the importance of the issues and the division in the circuits, plenary review by this Court is warranted.
And of course Paul Clement will be arguing this case.