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Second Circuit delays briefing in DOMA case pending Supreme Court review

By Jacob Combs

The Second Circuit grants a motion filed by the Obama Administration seeking to suspend the briefing schedule in the Pedersen v. OPM case challenging the constitutionality of the Defense of Marriage Act pending possible Supreme Court review of the case.  If the Supreme Court does not takes up the case, the court orders, the parties must file their briefs in the following 14 days; if the Supreme Court takes up the case, the parties will consult with the court’s attorneys (and, if necessary, the court itself) to reach an agreement holding the case in abeyance.

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