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Justice Department seeks delay of hearing in DOMA challenge Aranas v. Napolitano

August 28, 2012

DOMA trials

By Scottie Thomaston

Last week Aranas v. Napolitano saw a flurry of action. The binational same-sex couples who are plaintiffs in the case filed a motion for a preliminary injunction to bar their deportation along with their motion for class certification. The hearing is scheduled for September 24.

Now, the Justice Department is asking for a delay of that hearing, saying they need more time because, “Plaintiffs delayed filing the motions until only 32 days before the hearing, providing Defendants with minimal time to respond.” The Justice Department wants the hearing – which it says will also address the Bipartisan Legal Advisory Group’s motion to intervene – to take place on October 29, instead. If this happens, they write, their deadline to respond to plaintiffs’ motions would be October 5.

h/t Kathleen for this filing

8:12-cv-01137 #15

4 Comments Leave a Comment

  • 1. Kathleen  |  August 28, 2012 at 11:03 am

    This seems reasonable until you read Plaintiffs' opposition, which gives a history from the Plaintiffs' perspective. Attachments include a draft of a brief sent to the DOJ ahead of filing.
    http://www.scribd.com/doc/104093640/16

  • 2. Hector  |  August 28, 2012 at 11:36 am

    Thanks for sharing this Thomaston and Kathleen!

  • 3. Kathleen  |  August 28, 2012 at 11:49 am

    Also wanted to point out that BLAG has not yet filed a motion to intervene.

  • 4. Kathleen  |  August 28, 2012 at 5:21 pm

    Judge grants delay, but only to Oct. 9; sets schedule for opposition and reply briefs:
    http://www.scribd.com/doc/104229613/17

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