Buzzfeed reporter Chris Geidner recaps today’s action:
After three hours of arguments, the 5th Circuit Court of Appeals appeared poised to strike down bans on same-sex couples’ marriages in Louisiana, Mississippi, and Texas — joining all but one of the other appellate courts to consider that matter. More than halfway through the morning’s arguments, an exasperated Justin Matheny, the assistant attorney general in Mississippi charged with defending the state’s ban, tried to change his tune during his rebuttal arguments.
It being clear that the three-judge panel was leaning against upholding the bans, Matheny told the judges that although the “trajectory” on marriage rights for same-sex couples is “undeniable,” he argued that “it’s not there yet.” Judge Patrick Higginbotham, born in Alabama almost eight decades ago and appointed to the appeals court by President Reagan more than three decades ago, spoke up. And though the older judge was hard to hear at times, he spoke up and spoke clearly when he responded to Matheny: “Those words, ‘Will Mississippi change its mind?’ have resonated in these halls before.”
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