Skip to main content

View Diary: Supreme Court puts Utah marriage equality on hold for now (363 comments)

Comment Preferences

  •  This post is simply incorrect -- (6+ / 0-)

    Justice Sotomayor referred the application for a stay to the full Supreme Court, as is common with stay applications in which are perceived as presenting difficult questions on which the justices might disagree.

    The order granting a stay is on behalf of the whole court, with no recorded dissent (which does not necessarily mean that all nine supported it; all we know is that five justices voted in support of a stay).  

    Typically in this situation the Circuit Justice (here, Sotomayor) would have circulated the stay application to her colleagues with a memo explaining the reasons she will vote one way or the other, but that has no binding effect on the other justices.

    "Save it for 2050." -- Mark Penn (on Obama's electability)

    by throughaglassdarkly on Mon Jan 06, 2014 at 09:37:33 AM PST

    •  PS: Here is the link (1+ / 0-)
      Recommended by:
      Phoenix Woman

      "Save it for 2050." -- Mark Penn (on Obama's electability)

      by throughaglassdarkly on Mon Jan 06, 2014 at 09:40:33 AM PST

      [ Parent ]

    •  That's not how I read it, but maybe I'm not awake? (0+ / 0-)
      The application for stay presented to Justice Sotomayor and by her referred to the Court is granted.
      In fact, that seems kinda straightforward to me.  It was presented to Justice Sotomayor as the Justice for 10th Cir. emergency appeals and was referred, by her, to the full bench; the Supreme Court thereafter granted the stay.

      "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

      by auron renouille on Mon Jan 06, 2014 at 12:07:59 PM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site