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Judge Denies Stay of Pedersen Proceedings

Judge Vanessa Bryant, a George W. Bush appointee, denies BLAG’s request for a stay of proceedings in the Pedersen case.  Judge Bryant writes that the Windsor case differs from the Pedersen case in that it was filed by a single defendant whose standing has been challenged by BLAG.  (Edie Windsor and her partner were married in Canada; the plaintiffs in Pedersen were married in Connecticut, Vermont and New Hampshire, so the standing argument holds no water in their case.)

In addition, Judge Bryant writes that BLAG has failed to show how any party in the case would be “substantially injured,” as the law requires when considering a stay motion, if the case were to proceed.  A stay in the Pedersen case “would not conserve judicial economy,” she notes, because the court has already begun the process of researching and drafting the decision.  Finally, she asserts that the public interest weighs strongly against a stay, since the constitutionality of DOMA “presents an important issue to the nation as a whole such that the Second Circuit and potentially the Supreme Court would benefit from as many opinions and analyses as possible to enrich their review.”

1 Comment Leave a Comment

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