Legal teams from 6th Circuit cases will seek review from US Supreme Court
November 07, 2014
Less than 24 hours after the U.S. Court of Appeals for the 6th Circuit's out-of-step ruling upholding marriage discrimination, legal teams for cases out of all four states in the 6th Circuit (Kentucky, Michigan, Ohio, and Tennessee) announced that they would seek review of the ruling from the United States Supreme Court.
That is, each team would forgo a request for an en banc ruling from the 6th Circuit (a hearing before the full appellate court) and proceed immediately to seeking certiorari from the nation's highest court.
In the coming weeks, the plaintiffs and legal teams are expected to file their petitions for certiorari, after which time the defendants will have 30 days to reply. Then, the cases will be distributed for a conference before the U.S. Supreme Court and decide whether to hear one or more of the cases this term. Four Justices must vote in favor of taking a case (although, of course, it takes five Justices to win). If the process moves swiftly, a decision would be expected in June.
Abby Rubenfeld, counsel for the Tennessee Tanco v. Haslam case, told Chris Geidner at BuzzFeed today:
“We just had a conference call with the attorneys from all four Sixth Circuit states on the marriage cases. We were all in agreement to apply for certiorari at the supreme court, and not to first seek en banc review in the Sixth Circuit. Given the significance of the issue, the reality that it will end up in the Supreme Court ultimately, and the harms that all of our clients are suffering each day that their marriages are not recognized, we want to get to the Supreme Court sooner rather than later.”
“We hope to file within two weeks, and hopefully sooner, so that we can still be on the docket for this term—which means resolution by June 30, 2015."
Learn more about the 6th Circuit cases HERE.