Legal experts familiar with pending cases involving the Defense of Marriage Act say it's unclear what would happen to ones awaiting action by the Supreme Court if Mitt Romney wins the presidential election. Romney has vowed to reverse President Barack Obama's decision not to defend the constitutionality of the law, but the timing of certain briefing deadlines and the presidential inauguration makes it likely the court will defer the briefing schedule until the new administration is in place.
"I think as a matter of continuity they would pay a lot of
attention to what the incoming administration was able to say about
its desires," said Tom Goldstein of SCOTUSblog.