Pratik Shah Quoted by NLJ on Upcoming Supreme Court Marriage Equality Cases

The National Law Journal, for its article “A Chance to Make History,” quoted Akin Gump Supreme Court and appellate practice co-head Pratik Shah on the preparations being made by U.S. Solicitor General Donald Verrilli Jr. in the likelihood that he will be arguments before the Supreme Court as it reviews four marriage equality cases in April.

A former assistant to the solicitor general at the U.S. Department of Justice (DOJ) who was the lead drafter of the successful challenge to the Defense of Marriage Act in United States v. Windsor, Shah said that the solicitor general’s office is likely preparing for the briefing and argument, and although the government will file a brief supporting same-sex marriage, according to U.S. Attorney General Holder, challenging decisions await the solicitor general. Shah noted that Verrilli will need to decide, among other issues, whether to emphasize equal protection or argue for “fundamental rights due process.”

Shah also noted that, due to the significance of the issue, Verrilli will likely argue on one or both of the issues before the Supreme Court.