The only thing left between same-sex marriage continuing for months, if not years, in Utah is...
Supreme Court Justice Sonia Sotamayor. (She handles requests for stays from the 10th Circuit). (Well, there is much debate about this in the comments at Equality On Trial. Check it out.* Now see the updates for the Supreme Court rules on handling requests for stays *)
I'd say right about now the Supreme Mormon Poohbahs and their servants in the Utah government are not having an easy time keeping the eggnog down.
4:31 PM PT: Hmmm.
That news broke AFTER 5:00 PM on Christmas Eve. Those 10th Circuit Judges must really have wanted to get this out; at the very least their clerks must have been working until the last minute today.
4:33 PM PT: From Equality on Trial. Part of the Order:
Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted. Accordingly, we deny Defendants-Appellants’ emergency motions for a stay pending appeal and for a temporary stay. In addition, we direct expedited consideration of this appeal. The Clerk is directed to issue a separate order setting deadlines for briefing.
4:37 PM PT: The text of the decision, ordering an expedited hearing of the appeal itself.:
This is an appeal from a district court order concluding that Utah’s prohibition on same-sex marriage is unconstitutional as a violation of due process and equal protection.
Defendants-Appellants seek a stay pending appeal and a temporary stay while the court considers the stay request. Plaintiffs-Appellees have filed a response. A stay pending appeal is governed by the following factors: (1) the likelihood of success on appeal; (2) the threat of irreparable harm if the stay is not granted; (3) the absence of harm to opposing parties if the stay is granted; and (4) any risk of harm to the public interest.
Homans v. City of Albuquerque, 264 F.3d 1240, 1243 (10th Cir.2001); 10th Cir. R. 8.1.
The first two factors are the most critical, and they require more than a mere possibility of success and irreparable harm, respectively.
Nken v. Holder , 556 U.S. 418, 434-35 (2009).
Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted. Accordingly, we deny Defendants-Appellants’ emergency motions for a stay pending appeal and for a temporary stay. In addition, we direct expedited consideration of this appeal. The Clerk is directed to issue a separate order setting deadlines for briefing.
http://de.scribd.com/...
4:38 PM PT: Yup.
4:44 PM PT: A Mouse Weighs In:
4:55 PM PT:
5:07 PM PT:
5:17 PM PT: The Supreme Court rules for handling requests for stays ("applications"):
There are several possible scenarios for the disposition of an application:
• A Justice may simply deny without comment or explanation.
• If a Justice acts alone to deny an application, a petitioner may renew the application to any other Justice of his or her choice, and theoretically can continue until a majority of the Court has denied the application. In practice, renewed applications usually are referred to the full Court to avoid such a prolonged procedure.
• A Justice may call for a response from the opposition before reaching a final decision. Such responses are usually due by a date and time certain. The Justice may grant an interim stay
pending receipt of a response.
• A Justice may grant. If an application is granted by an individual Justice, or if the full Court acts upon one, its disposition is indicated by a written order or sometimes, an opinion.
An order granting an application will indicate how long the order will remain in effect—usually until the Court acts on the petition for writ of cer
tiorari. In fairly standard language, the order will often go on to state that if the petition is denied, the stay will automatically terminate, but if the Court grants full review, the stay will remain in effect until the Court hands down a decision on the merits and the mandate or judgment is issued.
• If a Circuit Justice, acting alone, grants an application, the other side may file a motion to the full Court to vacate that Justice’s stay. As a practical matter, these are rarely, if ever, granted.
