Thursday, September 18, 2014

QUEER QUOTE: Justice Ginsburg Gives Hints On How SCOTUS May Act In Pending Marriage Cases

Supreme Court Justice Ruth Bader Ginsburg gave some hints at apublic forum recently about how the U.S. Supreme Court may deal with the pending petitions from the 4th, 7th and 10th U.S. Circuits to resolve the question of marriage equality: Look to the 6th Circuit!

Generally, the Supreme Court resolves splits between the Circuits. If the 6th Circuit rules, like all other appellate courts that have reviewed state bans on marriage equality in the last year and  a half that these laws violate the federal constitution then there would be no split to resolve and even though it's an important question, Justice Ginsburg said the Court would feel no urgency to resolve the matter in an absence of a circuit split.

The comments Justice Ginsburg gave  at the University of Minnesota are today's Queer Quote:
Ginsburg said cases pending before the circuit covering Kentucky, Michigan, Ohio and Tennessee would probably play a role in the high court’s timing. She said “there will be some urgency” if that appeals court allows same-sex marriage bans to stand. Such a decision would run contrary to a legal trend favoring gay marriage and force the Supreme Court to step in sooner, she predicted. 
She said if the appeals panel falls in line with other rulings there is “no need for us to rush.”
The Sixth Circuit has heard oral arguments and observes say it could be a 2-1 decision either way. The losing side could then appeal to the full 6th Circuit which has  a majority of judges appointed by Republican presidents. If Justice Ginsburg is right and the Court will wait until the 6th Circuit finally rules, then it is possible after all for marriage equality not to be decided nationwide in the 2014-15 term.

No comments:


Blog Widget by LinkWithin