7th Circuit Court of Appeals

How the gay marriage case will play out in the Appeals Court

August 25th, 2014 at 1:27 pm by under Jim Shella's Political Blog

The 7th Circuit Court of Appeals will hear arguments in the Indiana gay marriage case in a Chicago courtroom Tuesday morning beginning at 10:30 Indianapolis time.

There will be 20 minutes set aside for attorneys for same sex couples and another 20 minutes for the state.  Solicitor General Thomas Fisher will make those arguments.

Then, both sides in a Wisconsin case will get the same opportunity.

A 3 judge panel that will be drawn from the 10 judges in the 7th Circuit will decide the case.  7 of them were appointed by Republican Presidents, 3 by Democrats.

Professor Joel Schumm of the I.U. McKinney School of Law says we won’t know the identity of the panel members until 10 a.m.

“If all three of the judges are appointed by Democratic Presidents then the same sex couples should feel really confident.” he said.  “If it’s not, if it’s a mix.  I don’t think that”s going to necessarily determine the outcome.”

That’s because in other appeals judges appointed by Democrats have always ruled in favor of same sex marriages and those appointed by Republicans have split.

In the cases in other parts of the country it has taken about 2 and a half months to get a ruling.

“I suspect this’ll be faster than that because the 7th Circuit’s expedited the cases,” says Schumm.  “They’ve shortened the time for briefs to be filed.  They’ve made it clear that they want to decide this pretty quickly, so I’d look for it within a few weeks.”

If you want to listen in you can do so at https://www.ca7.uscourts.gov/.

No matter what happens look for the case to go to the Supreme Court and the ruling to be stayed in the meantime.