Discussion for article #224853
They can appeal directly to SCOTUS, of course, but it is unlikely to turn out the way they want it to.
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The conservative movement certainly appears to be swimming against the current wrt gay marriage, but I wonât hold my breath. The SCOTUSâ Five Horses asses of the Abyssmalypse have a unique way of interpreting the law in such a manner as to beat up women and minorities.
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Talk about a headline in search of an article . . .
Unless Utah can prove that itâs a corporation, my friend.
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The political and religious history of marriage in Utah makes it an ideal litigant for this appeal. See that? Thatâs called irony.
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Nope. Sorry. No Mormons on the SCOTUS.
If you want to fight the Culture Wars you have to couch your appeal in terms that CATHOLICS (specifically Opus Dei members) can get direct instructions from their Bishop on how they should vote.
That is how you get things done in the present SCOTUS.
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The cynic in me thinks this is just an attempt to hold the status quo. They already have a stay on the ruling so the state isnât currently issuing any marriage licenses. Being opposed to doing so, why would they care if the Supreme Court takes their sweet time in even deciding whether or not theyâll hear the case. An appeals court ruling would come much faster, and probably go against them anyhow. So why not shoot for the moon and wait, and wait?
Sadly, itâs the families waiting for legal recognition that suffer - not the Republicans holding up the process.
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And today Alito denied an appeal from PA and that clears the way for PA to issue same-gender marriage licenses.
Utahâs chance of having cert granted have almost entirely evaporated.
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The 10th Circuit put its decision on hold, and said it would remain suspended until the state had a chance to take the case to the Supreme Court.
If the SCOUTS denies the appeal (like it did today to the PA appeal) it would basically mean the 10th Circuitâs ruling, that the ban was unconstitutional, would no longer be âon holdâ and Utahâs ban would become dead-letter.
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The state opted to appeal the decision to the U.S. Supreme Court rather than request a review from the entire 10th U.S. Circuit Court of Appeals in Denver.
For those who have been following this closely, thatâs the little tidbit of information weâve been waiting to hear about.
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Correct. The deadline to have the full 10th Circuit review it en banc has now also expired. So, from what I can tell, if the SCOTUS denies cert, then the Utah ban falls.
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Yep, although I disagree with your opinion that SCOTUS wonât pick it up. Theyâve already got their fingerprints all over it. Remember, it was SCOTUS who issued the stay pending appeal to the 10 circuit. Then when the circuit panel ruled, they basically said âweâre putting this on hold for SCOTUS, since we think they want it.â
By appealing the trial court decision to the 10th Circuit, Utah brought marriage equality to the entire 10th Circuit. By appealing to the Supremes, Utah may be the state responsible for bringing marriage equality to the entire nation.
Those Mormons (second âmâ is silent) sure do have a winning strategy!
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Thanks much for the information and clarification, Lestatdelc.
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Well, Alito denied cert in the PA same-sex marriage appeal today as well. Though they are of course separate cases. I personally think the SCOTUS will stay out of this and let the dominies continue to fall at the appellate level until it pretty much ends up being a near fait accompli if and when a full faith and credit case pops up.
I speculate that might be the case since so far we have no conflicting rulings at the appellate level post-Windsor, having them all go against the bans.
Well, they know theyâll get their butts kicked in circuit court. They have to hope Klanmaster Roberts and the Furious Five save the day.
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Well, Utah already lost in the 10th Circuit but the ruling was put on hold while they kicked it up to the SCOTUS (and burned their bridge to have the entire 10th Circuit bench hear the case). So it now remains to be seen if the SCOTUS takes it up (and it gets argued at the SCOTUS) or denies cert in which case any of the same-sex marriage bans in the 10th Circuit states, which are Colorado, Kansas, Oklahoma and Utah would be dead (New Mexico and Wyoming donât have any bans against same-gender marriages).
Right. I just meant that Utah didnât want to lose the review, as well. Kind of adds insult to their already injured and hurting butts.
As to SCOTUS, I really want to find Ruth Bader Ginsburg and tell her, âSTAY RIGHT THE HELL WHERE YOU ARE!â Assuming Yertl and the Do-Nothings even let a nomination go forward until after the mid-terms, the best we could hope for as a replacement would be a center-right âmoderateâ, and one Anthony Kennedy on SCOTUS is quite enough!
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Prop. 8 redux