In April, the challengers to Texas’s ban on same-sex marriage filed an opposed motion for expedited hearing of appeal. That motion sat on the docket, with no activity for nearly four months. On October 7, the day after the Court’s denial of certiorari on other SSM appeals, without comment, the 5th Circuit in a brief order signed by the clerk granted the motion to expedite oral arguments.
Here is the order:
IT IS ORDERED that the appellees’ opposed motion to expedite oral argument is GRANTED.
That’s it. Presumably, some judges on the motion panel instructed the clerk of the 5th Circuit to issue this order.
So, at some point soon, we should see the case from Texas, along with the case from Louisiana, slotted for arguments. The 5th Circuit has sittings scheduled on October 6-8, and October 27-30.