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Prop 8/DOMA round-up: SCOTUS news, this week and next

DOMA trials Marriage equality Marriage Equality Trials Prop 8 Prop 8 trial

By Scottie Thomaston

The U.S. Supreme Court will decide the Prop 8 and DOMA cases by the end of June
The U.S. Supreme Court will decide the Prop 8 and DOMA cases by the end of June

There are very few upcoming days for Supreme Court opinions to be released, so here at EqualityOnTrial, we’re preparing for any breaking news. There are a few updates, and there’s some information and speculation on what might happen. Here are some of today’s stories:

– Tomorrow, Thursday, June 13, the Court is scheduled to release opinions. Court watchers still anticipate that the last day of the Term will be June 27, and that the marriage cases will be released then, but since there’s no way to know what will be released, we will be monitoring the news for each remaining scheduled opinion release day.

– SCOTUSBlog has updated their statistics on this Term after Monday’s opinions came out. In the March sitting, the four moderate Justices have already written an opinion, and Justice Thomas has as well. This leaves Justices Kennedy, Alito, and Scalia, and Chief Justice Roberts without any opinions so far. The Court likes to distribute writing assignments evenly among the Justices for majority opinions. And ten cases were argued in the March sitting so someone probably has two opinions. (To be clear, this isn’t definitive, as the Court can do what it wants and their internal practice doesn’t have to be consistent, but it’s interesting data either way.)

– A report on the upcoming Prop 8 ruling and how it might affect California points out that the state would likely not be able to issue marriage licenses for at least 25 days in the event Prop 8 is struck down or the case is dismissed, or decided on standing. The losing party has a chance to ask the Supreme Court for a rehearing. They are almost always denied, but the process can take that long.

– Also, in terms of when any ruling might go into effect, it depends. A “DIG”, dismissing the case as improvidently granted, would mean that the petition for the Supreme Court to review the case would be dismissed, leaving the Ninth Circuit’s decision in place. The mandate was stayed, so they would need to lift the stay for marriages to go into effect. A ruling on standing could either send the case back to district court, where Judge Walker’s ruling would take effect, or, less likely, wipe out all the decisions, meaning that a ballot initiative may be necessary to overturn Prop 8. Of course, if it’s upheld outright, the rulings below are reversed entirely.

– County clerks are preparing for Prop 8 to be struck down.

– Another look at possible outcomes.

– A look at the gay rights movement’s history.

2 Comments

  • 1. Equality On Trial »&hellip  |  June 13, 2013 at 10:30 am

    […] released, get set for reargument next term, but that is unlikely.) As we wrote yesterday, there were ten cases total argued in March, and so far, Justices Kennedy, Alito, Scalia, and Chief Justice Roberts have […]

  • 2. Maricruz  |  June 16, 2013 at 10:52 am

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