The Tenth Circuit Court of Appeals issued its opinion in Kerr v. Hickenlooper on Tuesday, July 22, 2014.
This appeal was a request for en banc rehearing on the previously published decision in Kerr v. Hickenlooper. Rehearing by the original panel was denied. The petition was circulated to all the judges of the court, excluding Judge Matheson, who recused, and a majority of the court voted to deny rehearing. Four judges would have allowed en banc rehearing – Judges Hartz, Tymkovich, Gorsuch and Holmes. Judges Hartz, Tymkovich, and Gorsuch wrote dissents to the denial.