February 26, 2014
Yesterday, the Fourth Circuit Court of Appeals set the briefing schedule in Bostic v. Schaefer (Bostic v. Rainey in district court) and briefing will be finished by mid-May. SCOTUSBlog has a report on the briefing schedule, and the filing is here.
Here’s the schedule:
Appendix due: 04/07/2014
Opening brief [from those defending Virginia’s ban] due: 04/07/2014
Response brief [from the same-sex couples challenging the ban] due: 05/09/2014
Reply brief permitted within 14 days of service of response brief.
Also filed yesterday, a notice of appeal from Prince William County Circuit Court Clerk Michele McQuigg, who was permitted to intervene in the district court. That appeal will likely be consolidated with the current ones. There’s a question of Article III standing in her appeal, because it’s hard to say if she’d have independent standing as a party who was granted permission to intervene in district court.
The briefing in this case will be going on while arguments are taking place in the Tenth Circuit appeals from Utah and Oklahoma. It seems possible decisions could come down around the same time. No argument date has been set in the Virginia appeal.
Thanks to Kathleen Perrin for this filing
For more information on Bostic v. Rainey (formerly Bostic v. McDonnell)from The Civil Rights Litigation Clearinghouse, click here.