How often does the Defendant in pending civil litigation file a brief supporting the Plaintiff
Excellent article Professor Leonard! Thank you for laying it out so clearly.
How, in your opinion, will the Judge rule on the pending motions?
I think the motion to allow an appeal and to certify it directly to the 9th Circuit makes eminent sense. The issue is outcome-determinative (in the sense that if DOMA is constitutional the case should be dismissed), and only a legal question is at stake, so there is no need for fact finding. It is likely to be a recurring issue that requires appellate resolution.