September 22, 2012
“Recent moves and statements by the Department of Justice, LGBT advocates and the Supreme Court itself suggest that the court may delay decisions about whether to take cases involving the Defense of Marriage Act and Proposition 8 until after the November elections.
…Legal advocates, however, have speculated — and the Proposition 8 case being removed from the Sept. 24 conference would lend credence to the idea — that the court will consider all of the cases related to same-sex couples’ relationship recognition together at one conference, which would include the cases challenging the Defense of Marriage Act.”
This seems like a very plausible position for the Supreme Court to take: wait until briefing is complete on all the petitions for cert on all the marriage equality cases… and THEN decide which one[s] provide the appropriate vehicle for reviewing the constitutionality of DOMA and/or the right to marry. Whichever cases they choose to take on could still be decided in the current term ending June 2013.