AdminEditor's Note :On Monday at 9:30 a.m. we expect orders ... On Monday at 9:30 a.m. we expect orders from the April 4 Conference. We do not expect opinions next week. State officials in Michigan, seeking to move onto an even-faster track a test case on same-sex marriage, on Friday asked the Sixth U.S. Circuit Court of Appeals to put that question before the full, en banc court without waiting for different three-judge panels to rule. All four states within the Sixth Circuit’s geographic area now have appeals on that issue pending at the appeals court, the new petition noted. This is the first time that a state that has had its ban on such marriages struck down in a district court has asked for full court review of an appeal. (Meanwhile, in one of the cases already at the Sixth Circuit, from Ohio, a judge has promised an even broader ruling soon. See this post, below). Federal judges in Michigan, Kentucky, Ohio and Tennessee have ruled in favor of same-sex marriage claims — sometimes broadly, sometimes more narrowly – and each of those has now been appealed. The Sixth Circuit has put each of them on an expedited review schedule, but so far has given no indication that this would be done other than by separate three-judge panels. The normal path for cases in the federal appeals courts is nitially to three-judge panels and then, if the case is of major importance, perhaps to go before the full tribunal. It takes a majority vote of all of the active judges on the full court to grant such rehearings. Such en banc review is not common, but it also is not rare. Arguing that the constitutional controversy over gay and lesbian marriages is of “exceptional importance,” Michigan officials told the Circuit Court Friday that “the question’s importance is highlighted by the fact” that each of the four states in that Circuit had adopted a similar ban on such marriages and that each has been wholly or partly nullified. “To resolve this issue swiftly and to preserve the resources of the court and the parties, Michigan petitions for initial hearing en banc,” the state filing said, noting that all four cases from courts within the Circuit “are proceeding swiftly in parallel and will have briefing completed within weeks of each other. Michigan officials, of course, could only ask for en banc review in their own case, but if the Circuit Court took on that case, those from other states would probably be put on hold in the meantime. While the facts in each of the case do differ, the legal issues are essentially the same in each, and would be the same before an en banc court. The ruling against the Michigan ban was broader than those against the bans in the other three states. En banc review, of course, almost certainly would lead to an earlier appeal to the Supreme Court. Around the country, other appeals courts reviewing same-sex marriage cases are beginning a series of hearings this month and next in front of three-judge panels. Michigan officials have been fashioning their appeal of a judge’s ruling striking down that state’s ban on a theory that this was an affront to the voters of their state, where some 2.7 million voters approved the ban when it was adopted with a fifty-nine-to-forty-one percent margin ten years ago. The Michigan case, the state’s petition argued, “presents the question whether one of our most fundamental rights — the right to vote — matters or whether a judge can take an important social issue out of the hands of the voters by concluding it is not something about which reasonable citizens could disagree. Among the four states in this Circuit, the filing said, “more than 8.6 million people” overall voted to confine marriage rights to couples of one man and one woman. Voters in Michigan, Kentucky and Ohio did so in 2004, and in Tennessee in 2006. Recommended Citation: Lyle Denniston, Plea for quicker ruling on same-sex marriage, SCOTUSblog (Apr. 4, 2014, 7:19 PM), http://www.scotusblog. This Term's Merits Cases Abramski v. United StatesAir Wisconsin Airlines Corp. v. HoeperAlice Corporation Pty. Ltd. v. CLS Bank InternationalAmerican Broadcasting Companies, Inc. v. Aereo, Inc.American Chemistry Council v. Environmental Protection AgencyAmerican Lung Association v. EME Homer City GenerationAtlantic Marine Construction Co. v. United States District CourtBG Group PLC v. Republic of ArgentinaBond v. United StatesBurrage v. United StatesBurt v. TitlowChadbourne & Parke LLP v. TroiceChamber of Commerce of the United States v. Environmental Protection AgencyClark v. RamekerCline v. Oklahoma Coalition for Reproductive JusticeConestoga Wood Specialties Corp. v. SebeliusCTS Corp. v. WaldburgerDaimler AG v. BaumanEnergy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation v. Environmental Protection AgencyEnvironmental Protection Agency v. EME Homer City GenerationExecutive Benefits Insurance Agency v. ArkisonFernandez v. CaliforniaFifth Third Bancorp v. DudenhoefferFord Motor Company v. United StatesHall v. FloridaHalliburton Co. v. Erica P. John Fund, Inc.Harris v. QuinnHeimeshoff v. Hartford Life & Accident Insurance Co.Highmark Inc. v. Allcare Health Management Systems, Inc.Hinton v. AlabamaKaley v. United StatesKansas v. CheeverLane v. FranksLaw v. SiegelLawson v. FMR LLCLexmark International, Inc. v. Static Control Components, Inc.Limelight Networks, Inc. v. Akamai Technologies, Inc.Loughrin v. United StatesLozano v. AlvarezMadigan v. LevinMarvin M. Brandt Revocable Trust v. United StatesMayorkas v. Cuellar de OsorioMcCullen v. CoakleyMcCutcheon v. Federal Election CommissionMedtronic, Inc. v. Mirowski Family Ventures, LLCMichigan v. Bay Mills Indian CommunityMississippi ex rel. Hood v. AU Optronics Corp.Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc.National Labor Relations Board v. Noel CanningNautilus, Inc. v. Biosig Instruments, Inc.Navarette v. CaliforniaNorthwest, Inc. v. GinsbergOctane Fitness v. Icon Health and FitnessParoline v. United StatesPetrella v. Metro-Goldwyn-Mayer, Inc.Plumhoff v. RickardPOM Wonderful LLC v. The Coca Cola CompanyProskauer Rose LLP v. TroiceRay Haluch Gravel Co. v. Central Pension FundRepublic of Argentina v. NML CapitalRiley v. CaliforniaRobers v. United StatesRosemond v. United StatesSandifer v. United States Steel CorporationSchuette v. Coalition to Defend Affirmative ActionSebelius v. Hobby Lobby Stores, Inc.Southeastern Legal Foundation v. Environmental Protection AgencySprint Communications Company v. JacobsStanton v. SimsSusan B. Anthony List v. DriehausTexas v. Environmental Protection AgencyTown of Greece v. GallowayUBS v. Union de EmpleadosUnite Here Local 355 v. MulhallUnited States Forest Service v. Pacific Rivers CouncilUnited States v. ApelUnited States v. CastlemanUnited States v. ClarkeUnited States v. Quality Stores, Inc.United States v. WoodsUnited States v. WurieUtility Air Regulatory Group v. Environmental Protection AgencyWalden v. FioreWhite v. WoodallWillis of Colorado Inc. v. TroiceWood v. Moss Next Term's Merits Cases Holt v. HobbsIntegrity Staffing Solutions, Inc. v. BuskJennings v. StephensNorth Carolina Board of Dental Examiners v. Federal Trade CommissionOmnicare, Inc. v. Laborers District Council Construction Industry Pension FundPublic Employees' Retirement System of Mississippi v. IndyMac MBS, Inc.Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.Warger v. This Week at the CourtOn Monday the Court issued orders from its March 28 Conference, including granting one new case. Lyle's post on the orders is here. On Wednesday we expect one or more opinions in argued cases. On Wednesday the Court issued two opinions, including McCutcheon v. Federal Election Commission. Lyle's report on that decision is here. On Friday, the Justices will meet for their April 4 Conference. Our list of "Petitions to watch" for that Conference will be available soon. This is the second week of the March sitting. Upcoming Oral ArgumentsSusan B. Anthony List v. right to sue to challenge a state law forbidding false statements in election campaigns.American Broadcasting Companies, Inc. v. Aereo, Inc. Whether streaming live television is a "public performance"Republic of Argentina v. Scope of discovery for enforcement of judgments against foreign statesPOM Wonderful LLC v. Major CasesAlice Corporation Pty. Ltd. v. Whether computer-implemented inventions are patent eligibleSebelius v. Hobby Lobby Stores, Inc. Constitutionality of Affordable Care Act contraception mandateNational Labor Relations Board v. Constitutionality of President's recess appointments to NRLBMcCutcheon v. Constitutionality of limits on aggregate campaign contributionsSchuette v. Upcoming PetitionsConference of April 4Walia v. Dewan vacating arbitral awards for manifest disregard of lawHeien v. North Carolina Traffic stop based on mistake of lawElane Photography, LLC v. Willock Applicability of public accommodations statute to wedding photographer opposed to same-sex marriageDonat v. Major Pending PetitionsZivotofsky v. Federal statute regarding place of birth on passport for U.S. citizens born in JerusalemDrake v. Second Amendment right to carry handguns outside home for self-defenseElane Photography, LLC v. Recent DecisionsUnited States v. Castleman Castleman's state conviction for misdemeanor domestic assault qualifies as a "misdemeanor crime of domestic violence" for purposes of possessing a firearm under 18 U.S.C. § 922(g)(9). United States v. Quality Stores, Inc. Severance payments are taxable for FICA purposes. Apr. Loughrin v. U.S. OpinionsFifth Third Bancorp v. Argentina v. NML Capital (12-842)POM Wonderful LLC v. Susan B. Anthony List v. Driehaus (13-193)ABC TV v. United States v. Clarke (13-301)CTS Corp. v. Nautilus, Inc. v. Biosig Instruments, Inc. (13-369)OrdersLane v. United States v. Wurie (13-212)Riley v. Limelight Networks, Inc. v. Akamai Technologies, Inc. Peabody AwardAwarded the Peabody Award for excellence in electronic media. Sigma Delta ChiAwarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision. National Press Club AwardAwarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision. Silver Gavel AwardAwarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system. American Gavel AwardAwarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system. © 2014 SCOTUSblog (click for license) This work by SCOTUSblog is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. 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- Apr 05 Sat 2014 10:01
Plea for quicker ruling on same-sex marriage
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