Harvard Law School’s Laurence Tribe says he wouldn’t be surprised to see a 6-3 ruling on same-sex marriage at SCOTUS during an interview with Mark Halperin and John Heilemann on “With All Due Respect.”
Supreme Court Justice Ruth Bader Ginsberg Undergoes Heart Surgery
Supreme Court Justice Ruth Bader Ginsberg, a member of the high court since 1993, has undergone heart surgery earlier this morning:
Supreme Court Justice Ruth Bader Ginsburg, 81, underwent a heart procedure Wednesday morning to have a stent placed in her right coronary artery.
A blockage was discovered after Ginsburg “experienced discomfort during routine exercise” Tuesday night and was taken to the hospital, according to a release from the Supreme Court.
Ginsburg is resting “comfortably” at MedStar Washington Hospital Center and is expected to be released in the next 48 hours.
Ginsberg has previously been treated for colon cancer and pancreatic cancer. However, this summer she squashed talk of any near-term retirement.
“As long as I can do the job full steam…I think I’ll recognize when the time comes that I can’t any longer. But now I can,” she told Elle magazine.
Lambda Legal Requests SCOTUS Review Of Louisiana Same-Sex Marriage Ruling
Lambda Legal, along with Forum for Equality Louisiana, have filed a request for review of the September US District Court ruling which upheld Louisiana’s anti-gay marriage law.
Via press release:
The groups are seeking U.S. Supreme Court review in advance of the hearing in the case, Robicheaux v. Caldwell, before the U.S. 5th Circuit Court of Appeals scheduled for January.
“The ruling from the lower court in this case is a time-warped reading of the Constitution and neglects developments in the law, including since the Supreme Court’s decision in Windsor,” said Lambda Legal Senior Counsel Kenneth D. Upton, Jr. “We have seen a blizzard of well-reasoned rulings in recent months holding similarly discriminatory bans unconstitutional, including rulings out of the Fourth, Seventh, Ninth and Tenth Circuits Courts of Appeal. We are asking for the Supreme Court’s review now while it is considering the Sixth Circuit decision because together these cases present the full gamut of aberrant arguments supporting these discriminatory bans, and, in Louisiana specifically, present in one state a case covering both the right of same-sex couples to marry, and for legally married same-sex couples to have those marriages recognized.
SCOTUS Says ‘No’ To Stay On Same-Sex Marriage In South Carolina
In a 7-2 decision, the United States Supreme Court has decided to not issue an emergency stay in the ongoing political drama surrounding same-sex marriage, setting the stage for the marriages to begin in the Palmetto State at noon Thursday.
With that decision, South Carolina becomes the 35th state in the United States to allow same-sex couples to marry.
In a one page order, seven of the nine Supreme Court justices denied the stay, but Supreme Court Justices Antonin Scalia and Justice Clarence Thomas made a point to say they would have issued the stay.
South Carolina Attorney General released a statement shortly after the decision came down:
“When the U.S. Supreme Court. decides to consider the case, our office will be supporting the position of the Sixth Circuit Court of Appeals, which is more consistent with South Carolina State law, which upholds the unique status of traditional marriage,” the statement said.
Ohio Couples File Request For Appeal To SCOTUS On Same-Sex Marriage Ruling
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The first of four expected appeals of the recent 6th Circuit Court ruling on same-sex marriage has been filed by Lambda Legal and the ACLU to the US Supreme Court by the plaintiffs from Ohio.
Those plaintiffs are comprised of married same-sex couples and widowers of men who have died and want their out-of-state marriages recognized by the state.
The appeal is predicated on the recent ruling by the 6th Circuit Court of Appeals which upheld bans on same-sex marriage in four states.
The cases in Tennessee and Ohio focus on recognition of legal same-sex marriages conducted in other states, while the Kentucky and Michigan cases request full marriage equality.
The Supreme Court declined to review appeals from Utah, Oklahoma and Virginia earlier this year saying with no disagreement between federal appellate courts there was no need.
With the 6th Circuit’s ruling which upheld the marriage bans in the four states, it’s almost certain SCOTUS will grant review to at least one of the cases.
Tennessee’s request is now filed, with Ohio and Michigan to follow suit on later today or Monday, according to Buzzfeed’s Chris Geidner.
Presently, 32 states plus the District of Columbia allow same-sex marriage.
SCOTUS Says “No” To Kansas For Stay on Same-Sex Marriage
On Monday, Justice Sotomayor granted a temporary stay to Kansas regarding the recent same-sex marriage ruling from the 10th Circuit Court of Appeals.
Today, SCOTUS issued it’s decision and it’s for the good guys. No stay for Kansas.
Only Justices Scalia and Thomas would have granted the stay, making the decision 7-2 against Kansas.
Kansas can head to the 10th Circuit, but seeing how that appellate court has already set precedent – AND the Supreme Court has given that ruling it’s blessing – don’t look for the 10th to reverse itself any time soon.
Expect marriage licenses to be issued to same-sex couples immediately.
Marriage equality is coming to Kansas, kids!
10th Circuit Court Says “No” To Same-Sex Marriage Ruling Stay In Kansas
In the aftermath of U.S. District Judge Daniel Crabtree’s ruling earlier this week striking down Kansas’ ban on gay marriage, the state requested an extension on the stay placed on the ruling.
The 10th Circuit Court has come back with a big, fat “No” as their response. From the ruling:
The district court granted preliminary injunctive relief to plaintiffs on November 4, enjoining defendants from enforcing or applying Kansas constitutional and statutory provisions that prohibit issuance of marriage licenses to same-sex couples.
The district court then stayed its injunctive order until 5:00 p.m. on November 11.
Defendants immediately appealed the preliminary injunction ruling and also filed an emergency motion pursuant to 10th Cir. R. 8.1, asking this court to stay the district court’s injunctive order pending their appeal of the ruling.
We conclude that defendants have failed to make the showings necessary to obtain a stay, and we deny the emergency motion for a stay pending appeal.
We note that the district court’s temporary stay of its own preliminary injunction order remains in effect until 5:00 p.m. CST on November 11, 2014.
Bolding is mine.
The only thing that can stop gay marriage from beginning after 5PM on Tuesday in Kansas is a stay issued by SCOTUS.
And, unfortunately, I have a sense that’s exactly what will happen.
U.S. Supreme Court Justice Sonia Sotomayor oversees the 10th Circuit goings-ons. A request for stay to SCOTUS would go to her. She could decide on the request herself, or hand it to the full SCOTUS to either stay the ruling or not.
Plaintiffs In 6th Circuit Court Marriage Ban Ruling Look To SCOTUS
According to Buzzfeed’s Chris Geidner, all sets of plaintiffs from yesterday’s 6th Circuit ruling upholding bans on same-sex marriage have conferenced and the decision is to unanimously head to the US Supreme Court.
Abby Rubenfeld, the lead lawyer for the Tennessee plaintiffs, updated BuzzFeed News about Friday’s call with the counsel from all four states.
“We just had a conference call with the attorneys from all four Sixth Circuit states on the marriage cases. We were all in agreement to apply for certiorari at the supreme court, and not to first seek en banc review in the Sixth Circuit,” she explained. “Given the significance of the issue, the reality that it will end up in the Supreme Court ultimately, and the harms that all of our clients are suffering each day that their marriages are not recognized, we want to get to the Supreme Court sooner rather than later.”
“We hope to file within two weeks, and hopefully sooner, so that we can still be on the docket for this term—which means resolution by june 30, 2015,” she added.
US Supreme Court To Hear New Challenge To Obamacare
The US Supreme Court has agreed to hear a new challenge to Obamacare.
The justices will hear arguments as to whether or not the folks who get their insurance through he federal exchange (healthcare.gov) actually qualify for the subsidies that make health care insurance more affordable.
Those who get their insurance through one of the 16 states that set up their own exchanges definitely qualify. The opponents of Obamacare say it’s ambiguous as to whether or not those on the federal exchange qualify for those subsidies.
And to the letter of the law, it may be true.
It’s kind of like this – when driving and you come upon a stop sign, you stop and then assume you can move on even though there’s no “go” sign next to the “stop” sign. The intent of the law was clearly to extend the subsidies to all Americans, just like it’s clear you can drive on without a “go” sign. But the opponents of Obamacare may be successful in canceling those subsidies due to a technicality based on verbiage.
If the opponents are successful, the law could become destabilized and millions who currently receive the subsidies could lose their health insurance coverage.
Check out Jon Stewart’s take on the lawsuit below:
ACLU Will Appeal 6th Circuit Court Same-Sex Marriage Ruling To SCOTUS
From Chase Strangio, staff attorney in the ACLU Lesbian Gay Bisexual and Transgender Project:
“This decision is an outlier that’s incompatible with the 50 other rulings that uphold fairness for all families, as well as with the Supreme Court’s decision to let marriage equality rulings stand in Indiana, Wisconsin, Utah, Oklahoma, and Virginia.
“It is shameful and wrong that John Arthur’s death certificate may have to be revised to list him as single and erase his husband’s name as his surviving spouse.
“We believe it’s wholly unconstitutional to deny same sex couples and their families access to the rights and respect that all other families receive.
“We will be filing for Supreme Court review right away and hope that through this deeply disappointing ruling we will be able to bring a uniform rule of equality to the entire country.”