The Sixth Circuit is not alone in consolidating appeals of same sex marriage cases within the circuit: last week, the Seventh Circuit consolidated two same sex marriage cases.
The Seventh Circuit also recently decided a case affecting all of the states surrounding the Great Lakes, and is going to hear a case about an Indiana law regulating the sale of cold beer. Finally, our favorite benchslapper speaks out.
Read on for details on all of these stories.
Same Sex Marriage
Last week, the Seventh Circuit consolidated same sex marriage cases, related to Wisconsin and Indiana laws, with oral arguments scheduled for August 13, 2014, reports Equality on Trial. In both cases, challengers to the states' bans requested en banc review, reports Human Rights Campaign.
Asian Carp and the Great Lakes
Michigan, Minnesota, Ohio, Pennsylvania and Wisconsin sued the U.S. Army Corps of Engineers and the City of Chicago for not doing enough to stop invasive Asian Carp from wreaking havoc on the Great Lakes' ecosystem. Noting that "current measures such as electrical barriers, screens, and poison have been effective so far," the Seventh Circuit affirmed a district court's dismissal of the states' claims, reports The Plain Dealer. The court noted that an injunction forcing the Corps to take action "would be an extraordinary and likely inappropriate use of a federal court's equitable powers."
The Right to Sell Cold Beer
Not all stores are equal -- at least when it comes to lawfully selling cold beer in Indiana. Under an "archaic" Indiana law, "convenience, grocery and pharmacy stores are only allowed to sell beer warm, while their competitors in the carryout market are allowed to sell beer cold," says The Journal Gazette. The law survived a challenge by Indiana Petroleum Marketers and Convenience Store Association in district court, and now they are appealing to the Seventh Circuit, arguing that "there is no rational basis to allow liquor stores to hold a monopoly on cold beer particularly when their compliance rate with Indiana alcohol laws is so poor."
Judge Posner Interview
Our favorite benchslapper, Judge Richard Posner of the Seventh Circuit was interviewed in the ABA Journal, where he waxes poetic on Justice Scalia, his writings, influence and lasting impact of his decisions. Read the full interview here.
- Posner Benchslaps Galore: Judges, Attorneys and Plaintiffs -- No One Is Safe (FindLaw's U.S. Seventh Circuit Blog)
- ACLU of Wisconsin Challenges State Constitution and Marriage Laws (FindLaw's U.S. Seventh Circuit Blog)
- Judge Posner Can't Agree on What He Decided, or Said (FindLaw's U.S. Seventh Circuit Blog)