September 20, 2012
By Jacob Combs
H/t to Kathleen for this information
The Second Circuit has announced the make-up of the 3-judge panel that will hear next week’s appeal in the DOMA case of Windsor v. OPM. A district court judge in New York struck down DOMA using rational basis review in June, and while the plaintiff, Edie Windsor, has appealed the case directly to the Supreme Court, she also asked the Second Circuit to expedite its review of the decision as well, which it agreed to do.
The three judges who will hear oral arguments in new York next Thursday, September 27, are Chief Judge Dennis Jacobs, Senior Judge Chester Straub and Judge Christopher Droney, who were appointed by Presidents George H. W. Bush, Bill Clinton and Barack Obama, respectively.
I’ll be attending the hearing for oral arguments, which will take place at 10 a.m. in downtown Manhattan. Unfortunately, no electronic devices are allowed in the courtroom, so I won’t be able to liveblog the proceedings, although I will have a full analysis following the hearing.
The Windsor petition is currently scheduled to be reviewed by the Supreme Court next Monday, September 24, although most observers believe any decision on whether or not the high court will take up the case won’t be made until later this fall.