Wednesday, August 20, 2014
In Bostic v. Schaefer in late July, a divided panel of the Fourth Circuit held that Virginia's ban on same-sex marriage was unconstitutional and in mid-August, a majority of the panel refused, without analysis, to grant a stay of its opinion.
Today, as widely anticipated, the United States Supreme Court did grant a stay in its Order in McQuigg v. Bostic. Here's the entire text:
The application for stay presented to The Chief Justice and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Fourth Circuit in case No. 14-1167, is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
The stay shall remain in effect "in the event the petition for certiorari is granted," an event many believe is quite likely.