Schedule for Same-Sex Marriage Argument in Fifth Circuit

November 21st, 2014

The 5th Circuit has announced that the consolidated same-sex marriage appeals from Texas and Louisiana are slated for oral arguments in New Orleans on Friday, January 9. There are no other cases scheduled for that day. (The Louisiana plaintiffs have filed a petition for writ of certiorari before judgment). It is the custom of the 5th to announce the composition of the panel the Monday of the week before argument, so we should know who will be hearing the case on Monday, December 29.

Based on my earlier calculations, the soonest the Court could grant certiorari from the 6th Circuit appeal would be on the January 16, or January 23 conference. In either case, the Court will have heard the arguments in the 5th, and can react accordingly, or not at all. Otherwise, the 5th Circuit will hear┬áthe case before cert can be granted, so it can’t be delayed any longer. But, there may not be a decision, as a cert grant would moot it.