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 […]
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 […]
Supreme Court Interior Frankenstorm may be closing everything else on the East Coast, but the Supreme Court announced new decisions today about which cases it will hear this term…and there were no gay-related cases in the bunch. Especially given the papers filed Friday by DoJ asking that the Court grant cert only in Windsor (the […]
The U.S. Court of Appeals for the Second Circuit ruled today that sexual orientation classifications should be subject to heightened (intermediate) scrutiny under the Equal Protection Clause, and found that DoMA failed that test. In a highly unusual twist, plaintiffs had already filed a petition for certiorari in the case, even before the Court of Appeals […]