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Court dismisses Pennsylvania's clerk challenge to marriage equality law


Gar1eth
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Posted

I apologize if this is supposed to go in the Politics thread.

 

http://www.gaystarnews.com/article/court-dismisses-pennsylvanias-clerk-challenge-marriage-equality-law050714

 

For you lawyer types a question- the article says the clerk has two weeks to file an appeal. How does that work? I thought once the Circuit Court Of Appeals made a decision that it was the law for that Circuit unless overturned by the Supreme Court.

 

Next question- what exactly does the Supreme Court Justice overseeing the Circuit do for the Circuit

 

Gman

Posted

She would be filing a petition with the Supreme Court justice assigned to receive applications from the 3rd Circuit, who would most likely refer the petition to the full court. The odds that they would take this seem minuscule. It's really over.

Posted
I apologize if this is supposed to go in the Politics thread.

 

http://www.gaystarnews.com/article/court-dismisses-pennsylvanias-clerk-challenge-marriage-equality-law050714

 

For you lawyer types a question- the article says the clerk has two weeks to file an appeal. How does that work? I thought once the Circuit Court Of Appeals made a decision that it was the law for that Circuit unless overturned by the Supreme Court.

 

Next question- what exactly does the Supreme Court Justice overseeing the Circuit do for the Circuit

 

Gman

 

She would be filing a petition with the Supreme Court justice assigned to receive applications from the 3rd Circuit, who would most likely refer the petition to the full court. The odds that they would take this seem minuscule. It's really over.

 

Can the Supreme Court Justice issue a permanent ruling for that Circuit without referring the matter to the entire Supreme Court?

 

Gman

Posted

I believe that the SCOTUS justice for that Circuit can issue a temporary order, and then all nine justices eventually hear the case. In 1953, Justice Douglas issued a temporary stay for the Rosenbergs, but the full court convened in a special session and overturned his temporary order.

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