October 29, 2012
By Jacob Combs
The Supreme Court will likely consider the Prop 8 case during its conference on November 20, when the justices will meet to decide which cases they will take up in the coming term. The case’s materials have been distributed for that conference, and the docket page for the case (now called Hollingsworth v. Perry) has been updated to include the new information.
In addition, the four DOMA cases currently before the Supreme Court (Windsor, Pedersen, Golinski and Massachusetts) have also been scheduled for the conference on November 20, according to their docket pages.
The Court is expected to release an order list on Monday, November 26 that will delineate the cases from the November 20 in which it has granted or denied review. In addition, the Court could hold off considering the Prop 8 and DOMA cases until later, as it did before when they were scheduled for a conference on September 24.
The votes of four justices are required for the Court to grant review in any specific case. If the Supreme Court chooses not to rehear the Prop 8 case, the Ninth Circuit’s ruling striking Prop 8 down will stand, returning marriage equality to California.