Today, Justice Kennedy was on a roll.
Earlier, he placed a stay on Idaho, halting marriage for the state. However, he lifted the stay in Nevada, allowing gay couples to get married.
Here's more from Buzzfeed:
In response to a last-minute request from lawyers for the state of Idaho, Supreme Court Justice Anthony Kennedy on Wednesday stopped Tuesday’s federal appeals court marriage ruling from from going into effect immediately.
The temporary order appears to have put same-sex couples’ marriages on hold in both states impacted by Tuesday’s decision from the 9th Circuit Court of Appeals — Idaho and Nevada — despite the request only having coming from Idaho officials.
Under a Tuesday evening order from the 9th Circuit, the mandate in the cases challenging both Idaho and Nevada’s bans on same-sex couples’ marriages was issued. The mandate is the final step the appeals court needed to take in order to put its ruling that the bans are unconstitutional into effect.
Following the issuance of the mandate, Nevada officials announced they would not be appealing further and at least some local officials began preparing to allow same-sex couples to begin marrying on Wednesday. Idaho officials gave no such indication, with the state’s attorney general saying, “It’s still too early to know fully what the decision and orders mean for Idaho and how the state will proceed.”
On Wednesday morning, however, lawyers for Idaho went to the Supreme Court, asking Kennedy to issue a temporary stay of the 9th Circuit’s mandate, noting, “Unless stayed, the district court’s injunction and the Ninth Circuit’s mandate will compel Idaho officials to issue marriage licenses to same-sex couples beginning at 8:00 a.m. MDT this morning.”