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

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  •  The judgment was final and enforceable. (2+ / 0-)
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    craigkg, Tonedevil

    It wasn't stayed, and as you point out, hundreds of couples were able to get married as a consequence.  So there's really no room to argue that the judgment was somehow nonfinal.

    Besides, as I've pointed out elsewhere, in order for the state of Utah to appeal from the judgment, it had to be "final" in the legal sense, since appeals generally will lie only from "final judgments or orders."  Federal appellate courts do not have jurisdiction to review interim or interlocutory judgments, save in certain very narrow classes of cases, and this isn't one of those.

    "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

    by FogCityJohn on Mon Jan 06, 2014 at 12:57:42 PM PST

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