In an unusual move, a team of lawyers arguing for marriage rights for three same-sex Utah couples is joining a brief authored by Utah officials asking for the Supreme Court to accept the case for review, Adam Liptak reports for The New York Times.
“It is quite uncommon for the winning side to urge the justices to hear an appeal, but there have been a handful of notable exceptions recently,” he writes. “One of them was the Hobby Lobby case, in which a chain of craft stores that had won in the appeals court nonetheless urged the justices to hear the government’s appeal and ultimately won in the Supreme Court, too.”
He goes on to describe the various criteria that the justices evaluate when deciding to grant certiorari, including whether a lower court decision strikes down a state law or constitutional provision, whether they have intervened in a case in this legal area in the past, and whether there are conflicting decisions among various lower courts. Liptak explains that the Utah case currently meets all except the last of these standards.