SSM bans struck down in Nevada, Idaho

[Slander and/or Libel]

Yeah, that's what I'd gotten from reading more about it. I suppose I'm still unclear on why they didn't just go ahead and take one of these cases and find the right they seem pretty obviously to believe there is rather than kicking the can down the road.

[Sol]

Yeah, IIRC Sotomayor did the same thing in UT.

[True Federalist (진정한 연방 주의자)]

Looks like Kennedy has already lifted the stay in Nevada, and I think he'll likely do the same in Idaho either later today or sometime tomorrow.

[tmthforu94]

http://worldonline.media.clients.ellingtoncms.com/news/documents/2014/10/08/courtfile.pdf

Marriage licenses to be accepted in Johnson County, Kansas.

[Marston]

Kennedy has issued a stay (again) in Nevada.

[○∙◄☻¥tπ[╪AV┼cVê└]

Kennedy has issued a stay (again) in Nevada.

Joke justice.

[SteveRogers]

Kennedy has issued a stay (again) in Nevada.

Where are you seeing that?

[7,052,770]

Hopefully the 5th circuit rules soon and applies it to all states in the district. Would be nice for Mississippi to be in the 30s and not #50.

[Marston]

Kennedy has issued a stay (again) in Nevada.

Where are you seeing that?

I saw it on the Reno Gazette's website. It looks like it was false information from the Washoe DA's office, though. In any case, gay marriage in Nevada is still in limbo since a third party filed for a stay and (I'm assuming) will try and get an en banc ruling from the Circuit Court.

[Sol]

Hopefully the 5th circuit rules soon and applies it to all states in the district. Would be nice for Mississippi to be in the 30s and not #50.

There is no way the 5th Circuit will rule in favor of SSM.

[Likely Voter]

The 5th circuit seems to be in no hurry to take up the matter. Maybe they were hoping SCOTUS would have picked up one of the other appeals and so they wouldn't have to deal with it. They may be conservative but no one likes being overturned and they probably dont want to be the only appeals court to rule in favor of a SSM ban, only to be quickly overturned anyway. Every appeals court judge is hoping to be on the SCOTUS one day and that kind of vote will not help in the Senate, especially 5 or 10 years from now.

[IceSpear]

No, Udaho.

[7,052,770]

Hopefully the 5th circuit rules soon and applies it to all states in the district. Would be nice for Mississippi to be in the 30s and not #50.

There is no way the 5th Circuit will rule in favor of SSM.

The Clarion-Ledger and other local media outlets seem to think the 5th Circuit is going to overturn the Texas ban and apply it to all 3 states. From a legal standpoint, there's just no way around it, regardless of the judges' personal beliefs.

The 5th circuit seems to be in no hurry to take up the matter. Maybe they were hoping SCOTUS would have picked up one of the other appeals and so they wouldn't have to deal with it. They may be conservative but no one likes being overturned and they probably dont want to be the only appeals court to rule in favor of a SSM ban, only to be quickly overturned anyway. Every appeals court judge is hoping to be on the SCOTUS one day and that kind of vote will not help in the Senate, especially 5 or 10 years from now.

I'm not really an expert on the exact procedures, but from what I understand, once the USSC declined to hear the gay marriage cases, the 5th Circuit expedited the hearings on the Texas case so they could rule on it quickly.

[Oswald Acted Alone, You Kook]

If it overrules the Texas ban the other two might not comply for a while. (See Kansas, Wyoming, and South Carolina)

[politicallefty]

The Clarion-Ledger and other local media outlets seem to think the 5th Circuit is going to overturn the Texas ban and apply it to all 3 states. From a legal standpoint, there's just no way around it, regardless of the judges' personal beliefs.

Right now, it all hinges on what the Sixth Circuit does, whose decision should be handed down any day now. If it rules for the states and upholds the bans, SCOTUS will be forced to take it up this term and hand down a ruling by next June. If it rules for marriage equality, the bans in four more states go down (MI, OH, KY, and TN). With the current 29 states with marriage equality and six more pending, it'd be up to 39 states fairly shortly. At this point, that would put the ball in the Fifth Circuit's court.

I don't have much optimism at all about the Fifth Circuit unless random chance allows for a very friendly panel (and an en banc hearing is denied). That court is full of very conservative Reagan and GWB appointees, such as ultraconservatives Edith Jones and Priscilla Owen.

If it isn't the Fifth Circuit that forces the hand of SCOTUS, that only leaves the Eighth and Eleventh. With its current composition (including five out of 11 Obama-appointed judges), I'd be very surprised to see the Eleventh Circuit rule against marriage equality. That leaves the Eighth Circuit, where six out of 11 judges were appointed by GWB, not to mention being the only circuit court (albeit pre-Windsor) to uphold a gay marriage ban.

Right now, if I had to guess, I think the Sixth Circuit will probably strike down the gay marriage bans in those four states. However, I have a hard time seeing either the Fifth or Eighth Circuit not create a circuit split that will force the issue to the Supreme Court.

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

Hopefully the 5th circuit rules soon and applies it to all states in the district. Would be nice for Mississippi to be in the 30s and not #50.

There is no way the 5th Circuit will rule in favor of SSM.

The Clarion-Ledger and other local media outlets seem to think the 5th Circuit is going to overturn the Texas ban and apply it to all 3 states. From a legal standpoint, there's just no way around it, regardless of the judges' personal beliefs.

Try telling that to the district court judges in Nevada and Louisiana who upheld bans (the 9th appeals court reversed the Nevada ruling). They simply ruled that protecting traditional marriage was a legitimate state interest. You can find the proper argument for anything if you look hard enough.