Aug 1, 2014
4th Circuit Marriage Case Headed to Supreme Court
Prince William County Circuit Court Clerk Michele McQuigg
Richmond, V.A. – In a new filing, Prince William County Circuit Court Clerk Michele McQuigg has told the Fourth Circuit Court of Appeals that she intends to ask the Supreme Court to review Bostic v. Schaefer.
McQuigg's motion means that the clerk will bypass a request to have the full Fourth Circuit rehear the case (known as an en banc review), a process that could take months or longer.
The filing itself is a request to stay the formal judgment by the Fourth Circuit pending an outcome of a likely petition for certiorari to the Supreme Court. The filing suggests "Staying the issuance of the mandate pending application for a writ of certiorari is appropriate because (1) the petition will 'present a substantial question' and (2) 'there is good cause for a stay,'" pointing to stays rendered in prior Tenth Circuit Court of Appeals marriage cases.
McQuigg has 90 days to file a petition.
This is the second marriage case that’s headed to the Supreme Court. Utah officials have said they will ask the Justices to review the 10th Circuit’s decision in Kitchen v. Herbert.