September 4, 2012
Two recent developments in the 2nd Circuit appeal in Pedersen v. OPM:
First, you may recall that plaintiffs Pedersen, et al., asked the 2nd Circuit to expedite the appeal and assign the case to the same panel hearing Windsor v. USA. On August 28, the Court issued an order denying that request.
The second development concerns BLAG’s participation in the case. To date, only the DOJ has appealed the district court judgment; BLAG has not filed its own notice of appeal. On August 27, BLAG filed a motion in the 2nd Circuit asking the Court to recognize it as a party in the DOJ’s appeal. On August 31, the Court issued an order denying the motion but also stating, “As a losing party defendant in the district court, the House is a full party to the litigation, and has every right to seek reversal of the judgment in this Court by filing a notice of appeal.”
BLAG has until October 1, 2012, to file its own appeal.