November 21, 2012
By Scottie Thomaston
On October 29, Edith Windsor filed a supplemental brief in her case challenging Section 3 of the Defense of Marriage Act. The filing comes as part of the response to the Justice Department’s petition to the Supreme Court, asking them to review her case, and it comes after the Justice Department’s own supplemental brief. Windsor asks the Court to grant USA v. Windsor, via the Justice Department’s petition in the case, agreeing with the Department’s earlier brief: “For the reasons stated by the United States in that brief and for the reasons stated in her prior briefing, Respondent Edith Windsor respectfully requests that this Court grant the petition filed by the United States.”
This is the last brief filed in her case – and the final filing we have in all of the DOMA cases currently awaiting a conference at the Supreme Court to determine whether to hear challenges to Section 3 of the Defense of Marriage Act. As of this writing, the conference to decide whether to hear those cases, as well as the Prop 8 case and the Arizona domestic partnership benefits case, is scheduled for Friday, November 30. If this remains true, we would likely hear whether the Court will hear the cases, and which ones, the following Monday, December 3.
h/t Kathleen for this filing