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READ IT HERE: South Carolina case will go to Supreme Court, wants Fourth Circuit appeal put on hold

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Fourth Circuit map
Fourth Circuit map
In a new filing, the attorney general of South Carolina is asking the Fourth Circuit Court of Appeals to place the appeal in the marriage case on hold. The state had appealed to that court even after it struck down Virginia’s marriage ban.

The new filing notes: “The Attorney General also anticipates filing a petition for writ of certiorari as to the Order of the United States District Court of the District of South Carolina under appeal in the instant case while this appeal is pending.”

There are five other petitions in the Supreme Court now: four from the Sixth Circuit states of Ohio, Kentucky, Michigan, and Tennessee, and a petition for a review before judgment in the Fifth Circuit, in the Louisiana case.

You can read the filing here:

14-2241 #18 by Equality Case Files

Thanks to Equality Case Files for these filings

14 Comments

  • 1. Elihu_Bystander  |  December 2, 2014 at 9:20 am

    Is there any new information concerning the amended complaint in the Kansas case Marie v. Moser?

  • 2. redletterday  |  December 2, 2014 at 9:26 am

    10th circuit just denied the En Banc request for the original lawsuit http://www.scribd.com/doc/248942686/14-3246-Order

  • 3. nicolas1446  |  December 2, 2014 at 9:42 am

    That's great news. Since another 3 judge panel cannot overrule another 3 judge panel, Kansas has now officially lost.

  • 4. Elihu_Bystander  |  December 2, 2014 at 9:47 am

    Re: Marie v. Moser

    “Before BRISCOE, Chief Judge, KELLY, LUCERO, HARTZ, TYMKOVICH,
    HOLMES, MATHESON, BACHARACH, PHILLIPS, MCHUGH, and MORITZ,
    Circuit Judges.

    “No judge in regular active service on the Court requested that the Court be polled on the motion for initial hearing en banc. As a result, Appellants’ motion for an initial hearing en banc is denied.”

    So, no judge even responded to the motion for initial hearing en banc! Wow, not even those who are not on our side.

  • 5. nicolas1446  |  December 2, 2014 at 10:05 am

    Maybe they know they will loose anyways (whether it be through en banc or at the supreme court) so why grant en banc. Or maybe they have been persuaded by the reasoning of the judges that have struck down same sex marriage bans after the 10th circuit.

  • 6. guitaristbl  |  December 2, 2014 at 1:12 pm

    If even Kelly did not even request a vote here, he knows its a lost cause at the 10th circuit at the very least.

  • 7. BillinNO  |  December 2, 2014 at 9:22 am

    We've got marriages going on in SC, and the AG wants to put "the appeal on hold" while they petition for a writ of cert? Whatever next?

  • 8. hopalongcassidy  |  December 2, 2014 at 9:56 am

    I keep thinking something about a barn and a horse…

  • 9. DrPatrick1  |  December 2, 2014 at 9:22 am

    They should reject this motion. Per 4th circuit precedent, with a denial of cert from SCOTUS, this is settled law in the 4th circuit. There is no legal justification for staying this appeal. It should be quickly upheld.

  • 10. RnL2008  |  December 2, 2014 at 10:18 am

    Exactly and SCOTUS DOESN'T have time to go back and deal with South Carolina just because the AG DOESN'T get it!!!

    South Carolina is part of the 4th Circuit and that binding precedent has already been dealt with!!!

  • 11. jdw_karasu  |  December 2, 2014 at 10:58 am

    Yep, this is a dead end. The question is how long will SC be able to delay things, i.e. how quickly will SCOTUS tell them to take a hike based on Bostic.

  • 12. Mike_Baltimore  |  December 2, 2014 at 11:59 am

    It might take a few days to get the wording exactly so, so that another Kansas (where officials are using every trick in the kitchen drawer to delay recognition of ME) is avoided. If it takes until December 12, the delay will be to the next conference, which will be January 9, 2015.

    Let's hope someone quickly has an epiphany of how to word the smackdown of SC so we don't have to wait longer than necessary. Let's hope people are doing 2014 rather than 2015 Xmas shopping when the decision is announced (and with any luck, a reversal of the current Kansas 'situation' is included in that decision).

  • 13. Sagesse  |  December 2, 2014 at 11:07 am

    Americans United for Separation of Church and State is going to be a powerful ally in fighting 'religious liberty' exemption laws.

    Government Clerks Have No License To Discriminate Against Same-Sex Couples, Americans United Tells States [Americans United press release]

    New Legal Memorandum Debunks Arguments Proffered By Religious Right Group Alliance Defending Freedom
    https://au.org/media/press-releases/government-cl

  • 14. guitaristbl  |  December 2, 2014 at 1:11 pm

    Not a chance in a billion. Out of every petition this is the least likely one. Worst case scenario would be for it to be a delaying tactic in the form of SCOTUS waiting all these cases filed to be fully briefed before they are distributed for conference. I doubt it though.

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