The big day is here. The first federal appellate case post-Windsor made its way through oral arguments this morning, and it was not without its own wave of drama.
Even before the arguments began, Utah officials backtracked on authority used in their briefs. Then, in oral arguments, the panel seemed to be deeply divided, with two judges sticking to their predicted ideological lines, and a third serving as the wildcard.
As the first of a coming wave of same-sex marriage appeals in this circuit, and many other circuit courts of appeal, this case is important as authority for the remaining cases, as well as a possible vehicle for a Supreme Court appeal.