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DOJ Files Certiorari Petition with Supreme Court in Pedersen Case

The Justice Department files a petition for certiorari with the Supreme Court, but asks the Court to put the petition on hold pending its consideration of two other certiorari petitions in the DOMA cases of Gill/Massachusetts and Golinski.  Only if the Court declines to take up Gill or Golinski, the DOJ argues, should it take up Pedersen instead.  Nevertheless, the Justice Department does write that thorough consideration of heightened versus rational basis scrutiny in Judge Vanessa Bryant’s ruling could aid the Supreme Court in making its own determination on that issue.

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