Morrison v. Sadler: A hot case has gone cold.

Over in the sidebar I have one case in the "Hot Cases" category: Morrison v. Sadler, the Court of Appeals decision from January upholding Indiana's Defense of Marriage Act, Indiana Code § 31-11-1-1, against an equal privileges challenge under Article 1, § 23, of the Indiana Constitution. Ken Faulk and a law school classmate of mine, Jackie Bowie-Seuss, both of the Indiana Civil Liberties Union, litigated the case for the plaintiffs.

While fiddling around with the sidebar (see the previous post), it occurred to me to go look at the docket to see what was happening with this "hot case." Nothing, it turns out. Transfer to the Supreme Court was not sought; the Court of Appeals opinion was certified on March 8th; and that's pretty much the end of that case.

I really do wonder why transfer was not sought. Perhaps the plaintiffs did not want to pursue it. It's hard to imagine that the ICLU would litigate the issue through the Court of Appeals and not take a shot at the Supreme Court. Or is there something about the case the rest of us don't know that makes it a bad case to take to the Supreme Court?