Update 10/10: The stay has been lifted and application denied, without explanation. Marriages in Idaho are back on, and we’ll have to wait until some time in the future (never?) to settle the question of law described below.

Here’s something we’ll be following, although it doesn’t (yet) have a direct effect on the Hoosier state. Yesterday, Anthony Kennedy issued an emergency stay in Idaho’s marriage case.

You might wonder why he would do that, just two days after the Court rejected appeals from three other Circuits.

The reason may lie with how Idaho framed its petition, and if that’s the case, we are in for one hell of an important Supreme Court battle. Continue reading A quick thought on Kennedy’s emergency stay →