Two of the three judges in the DC Fed Court of Appeals seem to be leaning against Obamacare HHS mandate.. Hats off to the Beckett Fund for Religious Liberty lawyers, who took this case pro-bono and are forcing back the DOJ.
The main ingredient in winning is: keep fighting.
The D.C. Circuit is something akin to the “top circuit”, because only the best and brightest judges go there, and many of them then go to the SCOTUS.
“The court is given the responsibility of directly reviewing the decisions and rule making of many federal independent agencies of the United States government based in the national capital, often without prior hearing by a district court.”
Of the current members of the SCOTUS, Scalia, Thomas, and Ginsburg all came from the D.C. Circuit.
Then he asked if DOJ would object to the court issuing an injunction ordering HHS to comply with all three conditions...