December 30, 2013
The Tenth Circuit Court of Appeals has set the briefing schedule for Kitchen v. Herbert, the challenge to Utah’s same-sex marriage ban. The order sets an expedited schedule that requires briefing to be completed by February 2014.
The Tenth Circuit notes that requests to allow more time “are very strongly discouraged, and will be considered only under extraordinary circumstances.”
The opening brief is due January 27, 2014. The response brief (from the plaintiffs, who are same-sex couples) is due February 18; any reply is due by February 25.
Oral arguments will take place at the Tenth Circuit sometime shortly after the final brief is filed.
The state of Utah is expected to ask the United States Supreme Court for a stay of the lower court’s ruling, though the request, which will be made initially to Justice Sotomayor, is not expected to be filed today.
Thanks to Kathleen Perrin for this filing
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