As we slide into the final hours before the Christmas holiday, the Tenth Circuit remains closed-lipped about whether or not there will be a stay of Judge Shelby’s ruling. In the meanwhile, county clerks continue to issue marriage licences to same-sex couples, including several clerks who had refused to do so yesterday.
I’m curious as to the delay in announcing their decision. Decisions released in the afternoon before a holiday tend to get little attention and I wonder if this is a consideration (judges are, to some extent, politicians).
My wild hope is that the Tenth Circuit will refuse the stay based on the state’s inability to show any likelihood of winning the appeal. It’s a lot to hope for. But the timing couldn’t be better; by the time anyone pays attention, it will be a week down the road.