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  1. #1
    Virginia Is for Lovers Alnitak's Avatar
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    10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Utah's case Kitchen v. Herbert will be heard on April 10 at 10:00 a.m.

    Oklahoma's case Bishop v. Smith will be heard on April 17 at 1:30 p.m.

    Byron White United States Courthouse
    1823 Stout Street
    Denver, CO 80294

    See 10th Circuit Argument Calendar

    The panel of judges has been drawn in an order posted by EQCF.

    Paul Kelly, appointed by HW Bush
    Jerome Holmes, appointed by GW Bush
    Carlos Lucero, appointed by Clinton

    http://www.scribd.com/doc/215479361/...nel-Assignment

    Research will no doubt commence on these judges' background for any hints as to their leanings on LGBT rights.
    Last edited by Alnitak; March 31st, 2014 at 08:10 AM.

  2. #2
    Virginia Is for Lovers Alnitak's Avatar
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals


  3. #3
    Virginia Is for Lovers Alnitak's Avatar
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Everything You Need To Know About The Judges That Will Decide The Utah Marriage Equality Case

    Although none of these three judges have decided a case that is directly on point, ThinkProgress’ review of the three judges’ records suggests that supporters of marriage equality should be cautiously optimistic that at least two of these judges will side against discrimination.
    Despite a conservative reputation, Holmes was one of the judges who refused the stays on Shelby's ruling. Lucero has a liberal reputation. Kelly unfortunately looks like a hardcore conservative, and we probably can't count on his vote.

    Going on the best information, it looks like it will be a 2-1 decision in both cases.

  4. #4
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Quote Originally Posted by Alnitak View Post
    Everything You Need To Know About The Judges That Will Decide The Utah Marriage Equality Case



    Despite a conservative reputation, Holmes was one of the judges who refused the stays on Shelby's ruling. Lucero has a liberal reputation. Kelly unfortunately looks like a hardcore conservative, and we probably can't count on his vote.

    Going on the best information, it looks like it will be a 2-1 decision in both cases.
    This most directly supports that hope:

    Perhaps most significantly, Holmes was one of the two federal appellate judges who refused to stay the trial court’s decision ruling in favor of marriage equality when Utah sought a stay last December. So he may have already tipped his hand in this case and revealed that he will support equality now that he is considering the case on the merit.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  5. #5
    JUB Addict Ninja108's Avatar
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    We'll just have to wait and see but either way, I don't see any way this appeal doesn't end up at the Supreme Court.

  6. #6
    Virginia Is for Lovers Alnitak's Avatar
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Quote Originally Posted by Kulindahr View Post
    This most directly supports that hope:

    Perhaps most significantly, Holmes was one of the two federal appellate judges who refused to stay the trial court’s decision ruling in favor of marriage equality when Utah sought a stay last December. So he may have already tipped his hand in this case and revealed that he will support equality now that he is considering the case on the merit.
    The current wisdom circulating is exactly that. I am fairly confident the outcome will be 2-1, Lucero authoring the opinion.

  7. #7
    JUB Addict Ninja108's Avatar
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Quote Originally Posted by Alnitak View Post
    The current wisdom circulating is exactly that. I am fairly confident the outcome will be 2-1, Lucero authoring the opinion.
    I am as well.

  8. #8

    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Well, what were the results and more importantly, the pundits' comments?

  9. #9
    Virginia Is for Lovers Alnitak's Avatar
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Quote Originally Posted by Zeno Lorea View Post
    Well, what were the results and more importantly, the pundits' comments?
    This was discussed pretty extensively in the main thread so have a look there.

    We won't know some say for months. Don't expect a two week turnaround like we have seen in district court. The pundits are pretty much saying the same thing: the likely outcome will be in our favor with Lucero and Holmes authoring the opinion versus Kelly.

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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Quote Originally Posted by Alnitak View Post
    This was discussed pretty extensively in the main thread so have a look there.

    We won't know some say for months. Don't expect a two week turnaround like we have seen in district court. The pundits are pretty much saying the same thing: the likely outcome will be in our favor with Lucero and Holmes authoring the opinion versus Kelly.
    I presume Kelly is an ideologue.

    It's disgusting that when citizens go to orientation for jury duty, they get told they're supposed to set aside their personal feelings and attitudes and pay attention to the law, but judges aren't held to the same standard.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  11. #11
    Virginia Is for Lovers Alnitak's Avatar
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Quote Originally Posted by Kulindahr View Post
    I presume Kelly is an ideologue.
    To be fair so is Lucero, who left no doubts during arguments about where he stands, but since last year the truly impartial have unanimously come down on our side. I think Holmes will as well.

  12. #12
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Quote Originally Posted by Alnitak View Post
    To be fair so is Lucero, who left no doubts during arguments about where he stands, but since last year the truly impartial have unanimously come down on our side. I think Holmes will as well.
    Indeed.. let's be blunt. Democrats are just now starting to realize (hence why Obama was slow in making nomations) how important the courts are.

  13. #13
    Virginia Is for Lovers Alnitak's Avatar
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Quote Originally Posted by Ninja108 View Post
    Indeed.. let's be blunt. Democrats are just now starting to realize (hence why Obama was slow in making nomations) how important the courts are.
    The 2012 election Republicans really could not afford to lose. The historically conservative 4th and Federal Circuits are now packed with Obama appointees. If they lose another one, the federal judiciary will be Democratic for a generation.

  14. #14
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    Re: 10th Circuit to Hear Utah and Oklahoma Marriage Appeals

    Quote Originally Posted by Alnitak View Post
    The 2012 election Republicans really could not afford to lose. The historically conservative 4th and Federal Circuits are now packed with Obama appointees. If they lose another one, the federal judiciary will be Democratic for a generation.
    That's scary, but not as scary as a GOP-dominated one.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

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