Friday, November 30, 2012

BREAKING: Supreme Court Decision Delayed


The Supreme Court, after taking most of the day to prepare new orders, took no action Friday on the ten same-sex marriage cases now on the docket.  It did agree to rule on whether taking a human gene out of the body is a process that can be patented.  That case is Association for Molecular Pathology v.Myriad Genetics (docket 12-398), with the grant limited to that issue.  The Justices also agreed to rule on legal protection for makers of generic drugs (Mutual Phamaceutical v. Bartlett, 12-142).

The next opportunity for the Court to issue orders will be at 9:30 a.m. Monday.  Nothing has ruled out the possibility that some actions on same-sex marriage could be announced at that time, although there is no indication that that will occur.  It may be that the Court needs more time to decide what it wants to do next on any of the cases.

If no orders on any of these cases emerge on Monday, the next indication of what the Court may be doing with the issue could come with re-setting them for the private Conference that will be held next Friday.  It is not uncommon, in cases that have some complexity, for the Court to require more than one Conference sitting to decide how to proceed.  Ordinarily, the Court re-schedules cases after releasing opinions; that is now set to happen on Tuesday, with one or more opinions in cases already heard.

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