The Arkansas Supreme Court resumed its weekly list of actions today after the Christmas break, but the routine list included no mention of the pending appeal of Judge Chris Piazza’s ruling invalidating the state ban on same-sex marriage.
The court, with two new members, reportedly were to conference on the case yesterday. The new justices, Robin Wynne and Rhonda Wood, arrive on the court after the case was once decided but before a decision was filed. It remains unknown for certain who will cast votes on the case now; whether there will be a repeat of oral arguments for the benefit of new justices, and when a decision can be expected. If there is to be any procedural hints — by scheduling of arguments, for example — none has yet emerged.
Meanwhile, the 8th U.S. Circuit Court of Appeals has set a briefing schedule in the state’s appeal of the federal court ruling striking down the marriage ban in a separate but similar case. The state’s brief in the case is due Feb. 17.