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Supreme Court sets briefing schedule for Windsor DOMA case

The Supreme Court releases an order outlining the briefing schedule in the Windsor v. USA case challenging the constitutionality of Section 3 of the Defense of Marriage Act.

Regarding the merits of the case, the Court asks the Bipartisan Legal Advisory Group (BLAG), which is defending DOMA on behalf of House Republicans, to file its opening brief by January 22, 2013.  The Solicitor General’s brief on the merits is due on February 22 and plaintiff Edith Windsor’s brief is due by February 26.  As the Court notes, BLAG may file a reply brief pursuant to the Court’s rules.

On the jurisdictional questions presented by the Supreme Court, the Court-appointed amicus curaie lawyer, Vicki Jackson, who will argue that neither BLAG nor the Justice Department have standing to appeal the district court’s decision in Windsor, will file her brief by January 22.  Any briefs pertaining to the jurisdictional questions filed by the Solicitor General, BLAG or Edith Windsor are due February 20, and reply briefs may be filed pursuant to the Court’s rules.

Other amici curaie briefs, the Court writes, can be submitted in the time allowed by the Court’s rules, although briefs in support of the Solicitor General or Edith Windsor’s positions on the merits must be filed within seven days of the Solicitor General’s brief on the merits.

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