3 and one woman. Plaintiffs contend
that “defendants’ core argument is that
issues implicated in this matter.” (emphasis in the original) [Plaintiffs’ Response to Motio
n to State Document No. 66, page 3, ¶ 2 and page 12, ¶ 3].
That is not this defendant’s core
argument. This defendant made the point that
affect issues in this litigation - not might, and plaintiffs have made no plausible showing that, as to the claims under the Fourteenth Amendment, there are any real differences between the two cases. Indeed, it cannot be denied that the requested relief as to these claims is identical in both cases. In other words, if plaintiff prevails, they might well des
ire to seek summary judgment on the “
ffected” issues, and
defendants might do the same if the opposite result is reached. It remains unseen how the Fourth Circuit will address the applicability of any ruling it makes on the Fourteenth Amendment claims and when or if the mandate of that decision will be stayed. However, the effect
will have on the merits and any ensuing legal analysis in this case is undeniable. We cannot know if the decision will be stayed requiring the parties to then turn to the issue of whether a stayed decision becomes the law of the circuit. Moreover, we cannot know if the Supreme Court will grant
and issue its own stay as it did in the Utah case.
Kitchen v. Herbert
, 2:13-cv-217-RJS, 2013 WL 6834634 (D. Utah Dec. 23, 2013). What we do know is that there are other cases litigating the exact issues under the Fourteenth Amendment both in and outside of this Circuit. Since this decision, the Tenth Circuit Court of Appeal has issued its ruling in
Kitchen v. Herbert,
___ F.3d. ___ (10
Cir.) on June 25, 2014 addressing the Fourteenth Amendment issues
in plaintiffs’ favor, but that decision’s mandate
What does seem certain is that the
In light of the United States Supreme Court’s stay issued to the District Court, the 10
Circuit stayed its mandate pending disposition of any petitions for certiorari. If no petition is filed, the stay is lifted. If filed and denied, the stay is lifted. If one is filed and granted, stay is in effect until the Supreme Court resolves the issue.
Herbert v. Kitchen,
___ F.3d. ____ (10
Circuit) No. 13-4178, page 68.
Case 3:14-cv-00213-RJC-DCK Document 76 Filed 07/01/14 Page 3 of 7