Reporters At The 5th Circuit: Same-Sex Marriage Bans Likely To Be Struck Down

Judges Higginbotham & Graves are very skeptical of LA's arguments in defense of the state's same-sex marriage ban, likely to be struck down.
— Chris Geidner (@chrisgeidner) January 9, 2015

Breaking: MS and TX arguments remain, but after LA args, the 5th Circuit appears poised to strike down state same-sex marriages bans.
— Chris Geidner (@chrisgeidner) January 9, 2015

My prediction: #5thCircuit will strike down marriage bans 2-1 based on Higginbotham's skepticism of state of Louisiana's arguments.
— Chris Johnson (@chrisjohnson82) January 9, 2015

Notably, Higginbotham had no questions for @LambdaLegal's Camilla Taylor during her arguments, but really grilled attorney for state.
— Chris Johnson (@chrisjohnson82) January 9, 2015

Judge Higginbotham, the swing, seemed not only skeptical of Louisiana's defense of same-sex marriage ban, but amused by it. #5thCircuit
— Emma Margolin (@EMargoNY) January 9, 2015

Judge Higginbotham is considered the "swing" vote on the three judge panel hearing oral arguments today on same-sex marriage.

UPDATE - After Mississippi oral arguments:

Same outcome likely for MS, where @kaplanrobbie argued for plaintiff same-sex couples. TX args remain.
— Chris Geidner (@chrisgeidner) January 9, 2015

Smith gave @kaplanrobbie hard time on #DOMA ruling, noting last line says decision only applies to already married SS couples.
— Chris Johnson (@chrisjohnson82) January 9, 2015

UPDATE - After Texas oral arguments:

TX was no different. If anything, Judge Higginbotham was getting a bit frustrated with Judge Smith's constant focus on Baker.
— Chris Geidner (@chrisgeidner) January 9, 2015

The 5th Circuit, after 3 hours of args, appears poised to strike down LA, MS, & TX same-sex marriage bans. I expect a 2-1 vote.
— Chris Geidner (@chrisgeidner) January 9, 2015

It should be noted there's no telling when a ruling could be forthcoming - the 7th Circuit took one week, the 6th Circuit took three months.