Attorney General J.B. Van Hollen Files Petition for Writ of Certiorari with the U.S. Supreme Court in the Matter of Wolf, et al. v. Walker, et al.

Sep 9 2014
Attorney General J.B. Van Hollen Files Petition for Writ of Certiorari with the U.S. Supreme Court in the Matter of Wolf, et al. v. Walker, et al. 
 

MADISON — Attorney General J.B. Van Hollen announced today that he is asking the U.S. Supreme Court to review the decision of the Seventh Circuit Court of Appeals, which held that Wisconsin is not allowed to define marriage as the union between one man and one woman.

 

“This case provides the best vehicle to decide whether a state may define marriage,” Van Hollen said.

 

In its brief, Wisconsin advocates a theory of due process that is not argued by any other state.  In its petition for writ of certiorari, Wisconsin asserts that due process does not grant individuals positive rights but restrains the government from depriving citizens of life, liberty, or property without due process of law.

 

Wisconsin’s case is further unique in that it involves a state constitutional amendment, a statutory licensing scheme, a domestic-partnership registry granting certain rights and benefits to same-sex couples, and viable defendants who are actively defending the law.

 

Wisconsin’s case may now be considered by the Supreme Court in its private conference on September 29, 2014, along with petitions from Indiana, Virginia, Utah and Oklahoma.

 

A link to the Petition and Appendix is available here.

Click here for Proof of Filing

 

The stay issued by U.S. District Court Judge Barbara Crabb on June 13, 2014, remains in effect while this petition remains pending before the Supreme Court. 

 

A link to the Seventh Circuit’s ruling on Thursday, September 4, 2014, is available here

 

The appeal before the U.S. Supreme Court is being handled by the Department of Justice’s Special Litigation & Appeals Unit, which is responsible for all civil appeals and cases of unique importance to the State.