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Windsor v. USA – BLAG moves to dismiss DOJ appeal

July 23, 2012

The Bipartisan Legal Advisory Group (“BLAG”) filed a motion to dismiss the DOJ’s 2nd Circuit appeal in Windsor v. USA, claiming the DOJ lacks standing and the appeal is “superfluous.”

Edith Windsor’s attorney responded to the motion with a letter taking “no position” on BLAG’s motion, but urging the court to maintain the current expedited schedule.

 

2 Comments Leave a Comment

  • 1. Scott  |  July 23, 2012 at 11:01 pm

    Didn't they try and fail at this in another appeal (I believe it was Golinski)? What's their goal here?

  • 2. Kathleen  |  July 23, 2012 at 11:18 pm

    Yes, this exactly parallels what they did in Golinski. In that case, the 9th Circuit denied the motion, but allowed BLAG to address the issue in its briefs. They just keep trying to see if any of the judges will bite.