Monday, November 10, 2014

Sotomayor Stays Kansas Federal Judge's Same Sex Marriage Injunction

In an Order late today, Justice Sotomayor stayed the preliminary injunction of Judge Daniel Crabtree entered last week in Marie v. Moser regarding Kansas' same-sex marriage ban.

As we noted, Judge Crabtree stayed the injunction himself, reasoning that although the injunction seemed firmly established given Tenth Circuit precedent, Kansas raised many jurisdiction and justiciability issues. 

As is usual, there is no reasoning supporting the Supreme Court stay.  Here's the text of Justice Sotomayor's opinion:

UPON CONSIDERATION of the application of counsel for the applicants,

IT IS ORDERED that the preliminary injunction entered by the United State District Court for the District of Kansas on November 4, 2014, is hereby stayed pending receipt of a response, due on or before Tuesday, November 11, 2014, by 5 p.m. ET, and further order of the undersigned or of the Court.

Perhaps we can expect another Order from Justice Sotomayor late on Tuesday?

 Justice Sonia Sotomayor by Donkey Hotey
Caricature of Justice Sonia Sotomayor by Donkey Hotey via

 

 UPDATE here.

http://lawprofessors.typepad.com/conlaw/2014/11/sotomayor-stays-kansas-federal-judges-same-sex-marriage-injunction.html

Courts and Judging, Due Process (Substantive), Equal Protection, Family, Supreme Court (US) | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef01bb07a96ae0970d

Listed below are links to weblogs that reference Sotomayor Stays Kansas Federal Judge's Same Sex Marriage Injunction:

Comments

Post a comment