October 9, 2012
By Scottie Thomaston
On Friday, the Supreme Court held another conference to determine which cases it would take up this term. Since the Prop 8 case is still outstanding, along with Windsor v. USA – a DOMA case – and Brewer v. Diaz, a case related to domestic partner benefits in Arizona, the Court could have considered those cases at its conference. Normally, the Court releases a list of orders from its conference the following Monday. Yesterday, though, was a federal holiday. The order list is out today, and no action has been taken on any of the gay rights cases.
The next conference is on October 12, and the dockets remain unchanged, still reflecting the cases were ready for the September 24 conference.
The next list of new “distributed” cases that are ready to be taken up at the next conference will be released tomorrow. The list tomorrow will reflect cases that are ready for distribution at the October 26 conference.
Right now the Prop 8 case as well as all the DOMA cases except three with responses due next week (two in Pedersen, one in Windsor) are ready for a conference to decide if the Supreme Court will take them up. Of course, responses are not mandatory, but it can be reasonably assumed that there will be responses filed. It seems more and more likely that the Court is simply waiting for all the DOMA cases to be ready before it takes any action on those or on Prop 8. We could see the cases taken up at the November 9 or November 20 conference.
h/t Kathleen for some of this information