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Supreme Court Takes No Action on Prop. 8 Today

By Aaron Drake
Editor No word from the Supreme Court on the fate of Prop. 8 and the DOMA cases before it for review. The court issued an order list for cases considered at the conference this morning and no LGBT rights cases were included.

The Supreme Court is expected to release another list of cases on Monday, Dec. 3, 9:30 a.m. EST. Check back in on Monday for more updates!

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The next opportunity for the Court to issue orders will be at 9:30 a.m. Monday. Nothing has ruled out the possibility that some actions on same-sex marriage could be announced at that time, although there is no indication that that will occur. It may be that the Court needs more time to decide what it wants to do next on any of the cases. If the Court has chosen to deny review of all of the cases, even that might not come out on Monday, since the chances are that there would be dissents from some of the denials, and it would take some time to prepare those opinions. But denial of all of the cases is an extremely remote possibility.

If no orders on any of these cases emerge on Monday, the next indication of what the Court may be doing with the issue could come with re-setting them for the private Conference that will be held next Friday. It is not uncommon, in cases that have some complexity, for the Court to require more than one Conference sitting to decide how to proceed. Ordinarily, the Court re-schedules cases after releasing opinions; that is now set to happen on Tuesday, with one or more opinions in cases already heard.

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