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SCOTUS Justice Anthony Kennedy Requests Briefs from Both Parties on NOM Request to Stay Oregon Ruling

Yesterday we reported that the National Organization for Marriage appealed to the U.S. Supreme Court to stay Judge Michael McShane's ruling striking down Oregon's gay marriage ban while it appeals a decision that prevented it from intervening to defend the ban.

KennedyJustice Anthony Kennedy, who is fielding the request, wants more information from the parties involved before he makes a decision.

The Oregonian reports:

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.

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  1. Maybe Justice Kennedy can talk some sense into the sodomites of Oregon and let the God-fearing people of that state step out from this unholy travesty.

    Posted by: Gary | May 28, 2014 8:04:15 PM

  2. Maybe Justice Kennedy can talk some sense into the sodomites of Oregon and let the God-fearing people of that state step out from this unholy travesty.

    Posted by: Rick | May 28, 2014 8:04:29 PM

  3. After NOM's dirty tricks and lies having been repeatedly exposed, why are they still being given audience by any legitimate authority?

    Why is a hate group allowed to ask for anything that impacts the lives of others?

    NOM's only purpose is to suppress and exhaust gays and those who push for equality.

    Posted by: YoureTheGreatest | May 28, 2014 8:27:21 PM

  4. I thought that the Supreme Court resolved a substantially similar standing case with Perry v. Hollingsworth, except that NOM has even less claim to standing in Oregon than the ballot initiative backers did in California.

    I think that Kennedy is just being a cocktease to Eastman and the other numbnuts at NOM.

    Posted by: Gavel Envy | May 28, 2014 8:37:13 PM

  5. Srsly... aren't NOM and now the SCOTUS retreading the same issues?

    Maybe he just wants to enjoy the slam. I hope that's the case.

    Posted by: pete n sfo | May 28, 2014 8:45:41 PM

  6. NOM does not want the Supreme Court involved. NOM wants to involve itself in a case in which it was not party and in which it represents no party with standing. NOM had no standing in trial court, so how can it possibly have standing in appellate court--especially when the only defendants with standing, namely the governor and attorney general of Oregon, aren't appealing? I expect Kennedy to squash the NOM bug next week.

    Posted by: Jim | May 28, 2014 8:52:22 PM

  7. Perhaps Kennedy is enjoying picking them high up and then slam them to the ground. In any case, it may be a bit cruel to give people false hopes.

    Posted by: simon | May 28, 2014 9:14:08 PM

  8. Hopefully Kennedy will smack NOM upside the head in his ruling

    Posted by: QJ201 | May 28, 2014 9:22:29 PM

  9. It would be hilarious if he sided with NOM. Don't tell the lemmings.

    Posted by: GEB | May 29, 2014 12:19:14 AM

  10. I would rather call it wishful thinking though its probability is less than "Romney will win".

    Posted by: simon | May 29, 2014 8:20:13 AM

  11. This is not good news my friends.

    Posted by: DC Insider | May 29, 2014 9:06:37 AM

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