The LGBT community will have to wait at least another day or two, according to experts who have been opining on the LIVE SCOTUS blog today.
A decision was rendered on Fisher v. University of Texas at Austin, the affirmative action case. The Court appeared to “punt” the case, vacating the Fifth Circuit’s decision and sent it back for review, with instructions to adhere to strict scrutiny with respect to racial diversity with the narrowest of interpretations.
According to Court custom, the “Chief Justice usually makes an announcement on the second to last day of the Term, in which he says that the Court will reconvene to announce the remainder of the opinions.” This announcement was not made today.
So we should expect two more days this week that the Court will render decisions. And the Court announced it would be back tomorrow at 10:00 a.m.
That said, it is likely, that the gay rights cases are likely to come down on the final day. On this point, we share a comment posted earlier this morning by a SCOTUS blog facilitator:
We unfortunately don’t know what decisions we will get today (there were six issued today). That said, it’s unlikely that we will get Prop 8 or DOMA. It’s likely those will both come down on the last day of the Term (because they were argued late and are so controversial); and again, we are not exactly sure when that will be but based on tradition, probably before the end of the week.
Tune in with us tomorrow morning and together, we will wait with great anticipation.
Tanya L. Domi is the Deputy Editor of the New Civil Rights Movement. She is also an Adjunct Assistant Professor of International and Public Affairs at Columbia University and teaches human rights in East Central Europe and former Yugoslavia. Prior to teaching at Columbia, Domi was a nationally recognized LGBT civil rights activist who worked for the National Gay and Lesbian Task Force during the campaign to lift the military ban in the early 1990s. Domi has also worked internationally in a dozen countries on issues related to democratic transitional development, including political and media development, human rights and gender issues. She is chair of the board of directors for GetEQUAL. Domi is currently writing a book about the emerging LGBT human rights movement in the Western Balkans.
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