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Plaintiffs in DOMA case Pedersen v. OPM ask the Second Circuit to expedite the appeal

DOMA trials Pedersen

By Scottie Thomaston

Pedersen v. Office of Personnel Management is on appeal to the Second Circuit Court of Appeals, since the Justice Department has appealed the case. The plaintiffs, Gay and Lesbian Advocates and Defenders (GLAD), have petitioned the Supreme Court for a writ of certiorari to review the lower (district) court’s decision.

While awaiting a decision on whether the Supreme Court will take up the case – likely to be announced at the beginning of October – the plaintiffs are asking the Second Circuit to expedite the appeal so that it can be heard by the same three-judge panel as Windsor v. USA, among other reasons. The Bipartisan Legal Advisory Group (BLAG), who is defending the law, has asked the appeals court to suspend oral argument in that case, however, and whether or not they will suspend it is unknown. Another appeals court, the Ninth Circuit, did halt oral argument in a challenge to Section 3 of DOMA, Golinski v. OPM, after the Justice Department petitioned the Supreme Court for a writ of certiorari in the case.

The plaintiffs list four reasons the appeals court should expedite the case: (1) the plaintiffs face ongoing harms from de jure discrimination, (2) expediting the appeal would allow it to be heard by the same panel hearing Windsor, and both involve the legal issue of the constitutionality of Section 3 of DOMA, (3) the district court’s opinion did a thorough examination of the standard of review applied to classifications of sexual orientation, and since there is no precedent in the Second Circuit on the level of scrutiny that should be applied in these cases, the lower court’s examination would be really helpful, and (4) BLAG would not be unduly burdened by an expedited appeal; Windsor is already on an expedited schedule anyway, so, they argue, there is no reason for this case to move on a slower track.

h/t Kathleen for this filing

(The argument for an expedited appeal begins on page 113.)
12-3273 #9

6 Comments Leave a Comment

  • 1. Sagesse  |  August 23, 2012 at 10:17 am


  • 2. Prop 8 Trial Tracker &raq&hellip  |  December 13, 2012 at 6:31 pm

    [...] a Second Circuit Court of Appeals case challenging Section 3 of the Defense of Marriage Act, asked the court recently to expedite their case so it can be heard with the same three-judge panel that will hear Windsor v. [...]

  • 3. Prop 8 Trial Tracker &raq&hellip  |  December 13, 2012 at 6:36 pm

    [...] plaintiffs, Gay and Lesbian Advocates and Defenders (GLAD), who filed the initial challenge, had asked the Second Circuit to expedite the proceedings in the case so that it would track the proceedings in the other Second [...]

  • 4. Prop 8 Trial Tracker &raq&hellip  |  December 13, 2012 at 8:46 pm

    [...] was struck down by a district court, Pedersen v. OPM, which was filed in Connecitcut, has also been appealed both to the Second Circuit with a request for an expedited appeals schedule and directly to the [...]

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