7 responses

  1. FYoung
    December 26, 2013

    As someone else said on another blog, if the Attorney General’s office chooses to take a few more days to get ready before even applying for a stay from SCOTUS, it sort of contradicts the very basis of their application, their claim that there actually is a genuine “emergency.”

  2. Mark F.
    December 26, 2013

    I think that if they get their act together, they have a decent chance of getting their stay from SCOTUS.

  3. Hyhybt
    December 26, 2013

    What are they up to? Surely even they know that voluntarily delaying is not exactly going to make any justice more disposed to claims of an emergency, so what’s going on?

  4. FYoung
    December 27, 2013

    I am not a lawyer, but I understand from the comments at Equality on Trial that the standard to get a stay from SCOTUS on this case is different from and higher than at the Court of Appeal. According to some commentators there, Utah would need to show that the Tenth Circuit had abused its discretion by not granting a stay.

  5. James
    December 27, 2013

    I too am not a lawyer, but my guess is that the “outside counsel” who they are consulting would be those from the AGs offices of the other 10th Circuit States who will be strongly affected by whatever eventually takes place at the 10th Circuit – in that case the State of Utah is wise to go slow – the AGs of the other states are probably begging them to craft their appeal very, very carefully!

  6. FYoung
    December 27, 2013

    If Utah indeed has to argue that the two 10th Circuit judges abused their discretion, that puts Utah in a very delicate position since it is that very court that they will have to face to argue their appeal on the merits.

  7. cowboy
    December 31, 2013

    This tidbit of news:

    Monte N. Stewart, a Boise attorney and founding president of the Utah-based Marriage Law Foundation, has helped the state craft its legal theory so far and will be the attorney of record on the stay application

    — SLTrib Dec. 31, 2013

    So, we have another BYU alum!

    I’m not surprised. But being part of the MLF makes it less of a Church and State conflict?

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