September 20, 2012
By Scottie Thomaston
The Second Circuit has scheduled the appellants’ opening brief in its appeal in Pedersen v. OPM, challenging Section 3 of the Defense of Marriage Act. The order says that the brief will be filed November 27. In this case, the Bipartisan Legal Advisory Group (BLAG), who has been defending the law, has not yet filed its appeal of the district court decision striking down Section 3 of DOMA. The Justice Department is representing the Executive Branch defendants, though, and they appealed the judgment below.
The plaintiffs had asked the Second Circuit to expedite the process of appeal so the case will be reviewed faster, but the court rejected that motion, without comment.
Pedersen is also at the Supreme Court on petition for a writ of certiorari before judgment by plaintiffs and the Justice Department, where it is awaiting a conference to determine whether the Court will review Judge Bryant’s decision. That conference should take place sometime in October, possibly October 26.
If the Supreme Court decides not to review Pedersen, the case could continue in the Second Circuit, or the Court could hold it pending review of another challenge to Section 3 of DOMA.
belated h/t to Kathleen for this filing