Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, December 18, 2012

Supreme Court Set Deadlines For Windsor Case

Supreme CourtAs I have previously discussed, the Supreme Court of the United States has agreed to hear several same-sex marriage cases, including Windsor v. United States. This past Friday, the Supreme Court established a schedule for filing the written arguments in Windsor. Briefing is suppose to begin January 22 for BLAG, the group defending the Defense of Marriage Act (DOMA). There are two basic issues that the Court will be addressing in the Windsor case. The first issue deals with whether § 3 of DOMA violates the equal protection clause of the 14th Amendment. The second issue that the Court will hear is whether the Court has jurisdiction to hear the case.

Windsor must submit her brief by February 26, 2012. BLAG's brief on behalf of the federal government must be submitted by February 22, 2012. The reply brief is due no less than seven days before oral argument is to be held. This brief will discuss the merits of the case. On the jurisdictional issue, all parties must submit their briefs to the Court by February 20, 2012. The Court has not set a date for oral arguments, however, the court will probably hear oral arguments in March after the both parties have submitted their briefs.

See Lyle Denniston, Same-sex Marriage Briefing Set (UPDATED), SCOTUSblog, Dec. 14, 2012.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.


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