Saturday, December 08, 2012
More On Yesterday's Same-Sex Marriage Cases Cert. Grant-- Standing
In granting certiorari yesterday in two same-sex marriage cases (see prior posting), the U.S. Supreme Court (order list) instructed the parties to brief and argue specified standing issues, in addition to the questions presented in the petitions for certiorari. In Dennis v. Perry, the California Proposition 8 case, the Court ordered the parties to brief and argue: "Whether petitioners have standing under Article III, §2 of the Constitution in this case." In United States v. Windsor, the Defense of Marriage Act case, the Court ordered the parties to brief and argue: "Whether the Executive Branch’s agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case; and whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case."