Very surprising, was it Sotomayor alone or the whole court?
“The terse order, from the full court, issued a stay pending final disposition of an appeal to the federal appeals court in Denver. It offered no reasoning.”
from the NY times
It was Sotomayor! Very surprising!
“The states stay application was filed with Justice Sonia Sotomayor, who referred it to the whole court, according to the order issued Monday. Sotomayor is assigned to the 10th Circuit Court, which rejected Utahs request for a stay three times (Salt Lake Tribune).” So far the “wise Latina” is using her head, and I wonder if Zero thinks he got himself a Souter. This is going to go to the SCOTUS sure as sunup. I’m hoping the same regard for federalism that killed DOMA upholds a state’s right to forbid same-sex “marriage”; I just worry that Kennedy might go the PC route and use a full faith and credit argument, and invoke Loving v. Virginia. Lord, I hope not.
HERBERT, GOV. OF UT, ET AL. V. KITCHEN, DEREK, ET AL.
The application for stay presented to Justice Sotomayor and by her referred to the Court is granted. The permanent injunction issued by the United States District Court for the District of Utah, case No. 2:13-cv-217, on December 20, 2013, is stayed pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit.