On Monday, April 11, 2016, the U.S. Circuit Court Appeals for the Tenth District, in Denver Colorado, formally reversed the lower court’s decision in the Brown v. Buhman case. This is the case of the Kody Brown polygamous family from the reality-TV series, “Sister Wives.”
According to the official decision, the Appeals Court determined:
Exercising jurisdiction under 28 U.S.C. § 1291, we hold this matter is moot. It is not a “Case” or “Controversy” under Article III of the U.S. Constitution. We remand to the district court with instructions to vacate the judgment and dismiss this action.
By holding the matter moot, the Court did not consider the case “on the merits” – something which I, myself, had worried could be the outcome.
According to their Attorney, Jonathan Turley, The Brown family now has three options:
- Request a Review of the Tenth Circuit
- Request a re-hearing from the Tenth Circuit
- File an Appeal up to the Supreme Court of the United States (SCOTUS)
For background on the case, please see:
– “Sister Wives” Appeal at 10th Circuit set for Jan. 2016
– Judge Awards Damages to Polygamists for Utah Violating Rights
– ‘De Facto’ Polygamy De-Criminalized in Utah by Federal Court
For the official decision, please see:
– 2016-04-11 Tenth Circuit reverses Brown v Buhman