District Judge Upholds Puerto Rico gay marriage ban (user search)
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  District Judge Upholds Puerto Rico gay marriage ban (search mode)
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Author Topic: District Judge Upholds Puerto Rico gay marriage ban  (Read 1224 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: October 23, 2014, 08:01:54 PM »


Yup, it's even an Article III court with lifetime judgeships.  The Virgin Islands, Guam, and Northern Marianas have district courts that are counted as Article IV territorial courts with judges appointed for a fixed term, but also have their cases appealed to a Federal circuit. (3rd, 9th, and 9th respectively)

American Samoa is the odd man out.  It has a high court that hears issues of local law and an appellate division that for each case has three judges from the high court two US circuit court judges from whatever circuit currently is the least backlogged (of late it's been the fifth circuit that has provided the judges, but no guarantee that they'd provided them if a SSM case arose is American Samoa.  There is no fixed path of appeal on federal issues raised in territorial cases. Original jurisdiction cases involving federal law also get assigned to any US district court that's handy, with the courts for the Districts of Hawaii and Columbia typically selected.  As with many thing involving Eastern Samoa, its relationship with the US government is sorely in need of straightening up, but it never gets done because the Congress always finds more pressing things to do and things generally work out anyway.

First time we heard anything from a territory. I wonder how the other four are.

PR and VI have laws banning SSM, the other three don't say anything in their laws.  There is an effort in the VI to have their legislature repeal the law, but it certainly won't pass until after the election.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: October 27, 2014, 01:09:03 PM »
« Edited: October 27, 2014, 03:37:12 PM by True Federalist »

Reading over it, it appears the judge isn't saying that he thinks SCOTUS is likely to sustain him, but that because Baker is still standing precedent, then notwithstanding the language used in Windsor, if the Baker is going to be overturned, then SCOTUS itself will have to do so rather than get the lower courts to allow it to save face by avoiding having to add another direct overturning of prior case to SCOTUS' record.
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