First Circuit wants to know whether Congress will weigh on marriage litigationToday, the U.S. Court of Appeals for the First Circuit issued this order in litigation that challenges the Federal DOMA. Commonwealth of Massachusetts v. Dept. of Health and Human Services, Nos., 10-2204, 10-2207 _______ On or before March 18, 2011, the parties are to confer and file a joint proposal as to how these cases should proceed in light of the government’s letter of February 24, 2011. The proposal shall address, among other things, whether the government needs to clarify its litigation stance byfiling a new brief. The government shall also inform us, at that time, when we should expect to learn that Congress will or will not seek to intervene or otherwise participate, as well as whether in its view this matter should be held in abeyance pending that Congressional decision. The government shall also address whether, in its view, the government appeals should be dismissed in light of thegovernment’s position. Appellant Dean Hara shall also address whether the government’s letteraffects whether his own appeal should proceed.The present briefing schedule is vacated pending consideration of the further filings.
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