Ominous- Justice Kennedy asks litigants to weigh in on Gay Marriage appeal

[n2doc]

U.S. Supreme Court Justice Anthony Kennedy said Wednesday that he wants more information before ruling on an attempt by the National Organization for Marriage to halt same-sex marriages in Oregon.

Kennedy asked for briefs to be filed by 1 p.m. Monday from the parties in the two lawsuits that led to U.S. District Judge Michael McShane's May 19 ruling that allowed gays and lesbians to marry in Oregon.

Kennedy, who hears emergency appeals from the region that includes Oregon, could issue a ruling on NOM's motion on its own or pass the issue on to the full court.

At a minimum, Kennedy's action means that he wants more information on the case before he makes a decision. But it's hard to know whether NOM has a strong shot for its argument that the Supreme Court should get involved in the Oregon case because of its unusual nature.

more

http://www.oregonlive.com/mapes/index.ssf/2014/05/gay_marriage_in_oregon_justice.html

[merrily]

1. I don't know if it's ominous or not.

Lake Perriguey, a Portland attorney who represents two of the couples who sought the right to marry, said he thought Kennedy was simply being careful.

"I don't think there's much to take from it," Perriguey said. "Courts don't like to make knee-jerk reactions to things."

It's such an important issue, I don't think his asking for more info tells us anything yet, one way or another. It's not unusual in important cases. Sometimes, the court even appoints someone to brief an important case from a certain perspective.

I've always said that I did not want this court to decide this issue, but I thought that Kennedy did very well in the Windsor case. I thought he went as far as he could (maybe even a little further), given the Supreme Court's rule about not deciding anything that is not absolutely necessary to decide in order to dispose of the case before it.

Under Supreme Court precedent, Kennedy could have simply dismissed that case, as Scalia's scathing dissent pointed out. I hope he is not having second thoughts or submitting to bullying by the other Republican appointees.

Either way, there's not much we can do at this point, other than cross our fingers and/or pray while we wait for the decision.

[SM Kovalinsky]

2. When will the decision be made?

After Justice Kennedy receives the briefs from the respective parties, how long will he have to consider, before announcing his ruling?