What do cases involving challenges to same-sex-marriage and voter ID laws have in common? The answer, according to a per curiam opinion issued today by a panel of judges from the U.S. Court of Appeals for the Seventh Circuit in Frank v. Walker, Nos. 14-2058 & 14-2059 (7th Cir. Sept. 30, 2014), is that both involve “laws enacted … Continue reading this entry
Tags: Appellate Practice, En Banc, stay
The power of an appellate court in the federal system to stay the orders of lower courts or to enjoin conduct that lower courts have refused to enjoin, so as to preserve the appellate court’s jurisdiction to review those orders on ultimate appeal, is clearly established yet infrequently invoked. In addition to other potential sources, … Continue reading this entry
Tags: A&F Enterprises, All Writs Act, appellate jurisdiction, Little Sisters of the Poor, stay