Supreme Court

Prop 8 may die for lack of Proponents’ standing

2
December 9, 2012
CA-Bear-No-H8

  Escape hatch, thy name is standing. Standing – an issue that was part of the Ninth Circuit’s analysis in the Perry case and thus fair game in the Supreme Court – is a fairly obscure aspect of constitutional law. It basically means that the federal courts will adjudicate disputes only when there is a […]

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Supreme Court to hear DoMA and Prop 8 cases, including standing

3
December 7, 2012
Supreme-Court

The clerk’s office of the Court just announced that certiorari has been granted in Windsor v. U.S., a challenge to Section 3 of DoMA, and in Hollingsworth v. Perry, the federal constitutional challenge to Prop 8. The surprise twist: the Court has asked the parties in both cases to brief the question of whether the […]

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News from the Supreme Court…never mind

0
November 30, 2012
Supreme-Court-Interior

    Contrary to widely held expectations, the Supreme Court issued no orders today granting review in any of the gay-related cases pending before it.  The Court will next issue orders on Monday. I guess someone is still mulling.

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Greenhouse: Election results and the Supreme Court

1
November 15, 2012
DC

  America’s top legal journalist, Linda Greenhouse, in her NY Times online blog, argues that the marriage election results this year will bolster the DoMA challenges, even if the Supreme Court puts the challenge to the Prop 8 election result from 2008 on ice until next summer: The most likely scenario to emerge from the […]

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Supreme Court delays consideration of gay-related cases to Nov. 30

0
November 13, 2012
Supreme-Court

  The Supreme Court has delayed consideration of the cluster of cases involving DoMA, Prop 8 and an Arizona law regarding partner benefits from its November 20 conference to its November 30 conference.  Assuming that the new date holds, announcement of which cases the Court will review this term is likely to come either on […]

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Obama 2.0: LGBT issues in the second term

0
November 13, 2012
Obama-pensive

  Tomorrow night (details here), I’m going to be on a panel with Gary Gates, Chad Griffin and Patrick Guerrero sponsored by the Williams Institute, discussing the impact of the election on lgbt rights. At the federal level, I see four clusters of issues as the most important questions likely to arise while Obama remains […]

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