July 27, 2012
By Scottie Thomaston
Blesch v. Holder is a lawsuit challenging Section 3 of the Defense of Marriage Act as it applies to immigration. It was filed by Immigration Equality. Via Kathleen in Quick Hits, Chief Judge Carol Bagley Amon, Chief Judge of the Eastern District of New York has put the case on hold for now.
The Blesch case is being heard within the Second Circuit’s jurisdiction, where Windsor v. USA is currently on appeal (along with its petition for certiorari to the Supreme Court) so the Chief Judge issued a stay of Blesch until Windsor is resolved at the Second Circuit. The Windsor case will continue along its normal path – the Bipartisan Legal Advisory Group (BLAG) who is defending the law on behalf of House Republicans filed its notice of appeal to the Second Circuit on June 8 – until the Supreme Court conference to decide whether or not to review Windsor. That will be on September 24 or the following week.
The note on the docket says:
Minute Entry for proceedings held before Chief Judge Carol Bagley Amon: Status Conference held on 7/25/2012. Counsel for parties present. Status conference held by telephone before Chief Judge Amon on 7/25/12. The case is stayed pending the Second Circuit’s resolution of Windsor v. United States, No. 12 CV 2335 (2d Cir) (Court Reporter Charisse Kitt.) (Fernandez, Erica) (Entered: 07/26/2012)