November 30, 2012
By Scottie Thomaston
Today’s order list, just released, is here. No word on the ten gay rights petitions.
The Supreme Court held its conference today and the ten gay rights petitions were on the list of cases they were considering taking up for full review. However, SCOTUSBlog’s Twitter account says no action was taken on the petitions today:
— SCOTUSblog (@SCOTUSblog) November 30, 2012
It is unclear why December 7 is the most likely day the Court will announce its decision on whether it will take up challenges to Prop 8 and Section 3 of the Defense of Marriage Act. This is a developing story and Prop 8 Trial Tracker will have more details soon.
At this point, any prediction about where the same-sex marriage cases stand at the Court is subject to serious error. The Court does not explain inactions, so silence can mean many alternative possibilities. The Court, though, does tend to follow fairly fixed patterns of activity. The announcement of grants on Friday is usually linked to a desire to get enough cases put on the decision docket to fill the next openings in the argument calendar. As of this morning, the Court still had eight slots open for argument during the March session. By announcing grants this afternoon, the Court gave counsel a few more days to prepare briefing in the two newly granted cases.