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American Atheists, Inc. v. Davenport
Citations: 637 F.3d 1095; 2010 WL 5151630Docket: No. 08-4061
Court: Court of Appeals for the Tenth Circuit; December 19, 2010; Federal Appellate Court
The court addresses two petitions: one from defendants/appellees for rehearing with a suggestion for rehearing en banc, and another from the Utah Highway Patrol Association for rehearing en banc. The plaintiffs/appellants submitted responses to both petitions. The court grants in part the requests for panel rehearing, specifically amending the original panel opinion by replacing "universally" with "widely" at line 12 of page 29 [616 F.3d at 1161]. All other aspects of the panel rehearing petitions are denied. The updated panel opinion is attached. Regarding the en banc rehearing suggestions, the court conducted a poll among all active judges not recused from the matter, resulting in a majority vote to deny the en banc request. Judges Kelly, O'Brien, Tymkovich, and Gorsuch expressed their dissent, with Judges Kelly and Gorsuch providing separate writings. Judge Kelly's dissent is supported by Judges O'Brien, Tymkovich, and Gorsuch, while Judge Gorsuch's dissent is joined by Judge Kelly.