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Thursday, September 04, 2014

Ind. Decisions - More on: Does today's ruling lift the 7th Circuit stay of Judge Young's SSM decision?

Updating this ILB post from earlier today (which included a link to the June 27th stay), a news release posted by the Attorney General's office late this afternoon has the best explanation I've seen of the stay situation:

The 7th Circuit’s ruling does not become effective until the 7th Circuit issues a mandate. Until then, the stay the 7th Circuit issued on June 27, 2014, remains in effect. The Attorney General’s Office soon will file a motion for stay with the United States Supreme Court, urging the high court to stay the effect of the 7th Circuit’s ruling pending appeal. If the stay motion is granted, then the status quo will remain in place – and Indiana’s marriage definition will remain enforceable – until an appeal is concluded.

The U.S. Supreme Court’s precedent is to grant a stay of a lower court ruling invalidating a state marriage law.

Posted by Marcia Oddi on September 4, 2014 07:38 PM
Posted to Ind. (7th Cir.) Decisions