A month ago, on Monday, April 11, 2016, a 3-judge panel of the 10th U.S. Circuit Court of Appeals had rendered the Brown v. Buhman decision as “moot.” Without even considering the merits of the case, but instead being based on the Utah prosecutors later proclaiming that they would not really go after the Brown family for polygamy, the three judges decided that the case was “moot” because the Browns supposedly had no more legal “standing” to even bring this to court. Immediately afterward, the Brown family requested a re-hearing by all of the judges in the entire Tenth Circuit Court of Appeals.
In opening that “order,” the decision additionally noted the following.
As no member of the original panel or the en banc court requested that a poll be called, the petition for en banc review is denied.
This latest text of the May 13 decision was mostly the same as that of the earlier April 11 decision (see: 2016-04-11 Tenth Circuit reverses Brown v Buhman. However, at end of the last word of the last paragraph of the last section before the Conclusion, the Court added one new additional footnote, Footnote #27.
The last paragraph that added that Footnote #27 declared the following.
The proper disposition of this appeal, therefore, is to remand to the district court with instructions to vacate its judgment in favor of the Browns and dismiss this suit without prejudice. 27
The text for that one additional Footnote #27 explained the following.
27 As explained above, the Browns’ move to Nevada eventually also rendered this case moot. Whether or not this basis for mootness took effect before commencement of this appeal, Mr. Buhman’s implementation of the UCAO Policy was independently sufficient to extinguish any live case or controversy as of May 2012, a year and a half before the district court granted summary judgment to the Browns and over two years before entry of final judgment. Because this case became moot “prior to final adjudication,” Rio Grande Silvery Minnow, 601 F.3d at 1128 n.19, vacatur and dismissal without prejudice are appropriate.
With that “explained” in the additional Footnote #27, the decision concluded with the following.
Assuming the Browns had standing to file suit in July 2011, this case became moot when Mr. Buhman announced the UCAO Policy in May 2012. That policy eliminated any credible threat that the Browns will be prosecuted. We therefore remand to the district court with instructions to vacate its judgment and dismiss this suit without prejudice.
As FOX 13 reported, Renowned Constitutional law professor and the attorney for the Brown family, Jonathan Turley, wrote the following email response.
“At issue is the most basic right in our legal system: the right to be heard in a federal court. The lower court found that the Browns left the state after months of abusive treatment by the government, which denied them basic protections under our Constitution. All families should have access to the courts when targeted by the government in this way. The panel decision leaves a chilling message for citizens in dealing with their government. The 10th Circuit panel ruled that a prosecutor can publicly declare a family to be felons, keep them under criminal investigation, and denounce them for their religious beliefs without fear of being held accountable in a court of law. The Tenth Circuit did not deny the violation of free speech and free exercise by Mr. Buhman – violations found by the trial court. Rather it barred the Brown family from challenging his actions in federal court. This country rests on the rule of law, which is reduced to a mere pretense if citizens are barred from the courthouse. The Browns respectfully disagree with the panel and will seek relief before the United States Supreme Court.”
So with that, the “Sister Wives” polygamy case now moves up to the final court of last resort, SCOTUS (Supreme Court of the United States).
On Wednesday, April 20, 2016, I was interviewed as a guest with locally-renouned host, Gary Sadlemyer, on The Good Morning Show, on KFAB in Omaha, Nebraska, that aired at 8:20am local time (9:20am ET).
Shortly afterward, KFAB’s website promoted the interview by writing the following:
Mark Henkel with National Polygamy Advocate says that a recent ruling that reinstated Utah’s laws against polygamy are unconstitutional . He explains how the constitution does not give the government the power to control marriage. Learn more at www.NationalPolygamyAdvocate.com
The purpose of this interview was for the breaking news cycle about polygamy from Monday, April 11, 2016: the 10th Circuit Reversed “Sister Wives” case as “moot.” Rather than even hear the merits of the case, the 10th Circuit Court determined that, since the Prosecutor had promised not to specifically prosecute the Brown Family, the Brown family’s legal “standing” to file suit was rendered moot.
This was another excellent interview that has became another new tool for UCAP (unrelated consenting adult polygamy) supporters to share when discussing the issues with others.
On Monday, April 18, 2016, I was interviewed as a guest on The Jayne Carroll Show, on KUIK in Washington Country, Oregon, that aired at 4:35pm local time (7:pm ET).
This interview pertained to the breaking news cycle about polygamy from Monday, April 11, 2016: the 10th Circuit Reversed “Sister Wives” case as “moot.” Rather than even hear the merits of the case, the 10th Circuit Court determined that, since the Prosecutor had promised not to specifically prosecute the Brown Family, the Brown family’s legal “standing” to file suit was rendered moot.
This interview went very well and became yet another tool for UCAP (unrelated consenting adult polygamy) supporters to share when discussing the issues with others.
On Wednesday, April 13, 2016, I was interviewed as a guest on The Christal Frost Show, on WTCM in Traverse City, Michigan, that aired at 11:30 am ET.
The purpose of this interview pertained to the breaking polygamy news cycle from Monday, April 11, 2016: the 10th Circuit Reversed “Sister Wives” case as “moot.” Rather than even hear the merits of the case, the 10th Circuit Court determined that, since the Prosecutor had promised not to specifically prosecute the Brown Family, the Brown family’s legal “standing” to file suit was rendered moot.
This comprehensive interview became another tool for UCAP (unrelated consenting adult polygamy) supporters to share when discussing the issues with others.
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.”
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.
On Monday, February 1, 2016, I was interviewed as a guest on Poppoff with Mary Jane Popp, on KAHI in Sacramento, California, that aired at 6:30 pm local time (9:30 pm ET my time zone).
The purpose of this interview pertained to the ongoing polygamy news cycle from Thursday, January 21, 2016: the “Sister Wives” case, Brown v. Buhman, being heard at the Tenth District U.S. Circuit Court of Appeals, in Denver, Colorado.
The actual interview occurred at 4:30pm ET. Instead of being a live interview, it turned out to be an unedited “lve on tape” interview.
This comprehensive interview became another tool for UCAP (unrelated consenting adult polygamy) supporters to share when discussing the issues with others.
On Wednesday, January 27, 2016, I was interviewed as a guest on The Tom Barnard Show, in Minneapolis, Minnesota, at 12:30 pm local time (1:30 pm ET my time zone).
This interview was based on the ongoing polygamy news cycle from Thursday, January 21, 2016: the “Sister Wives” case, Brown v. Buhman, being heard at the Tenth District U.S. Circuit Court of Appeals, in Denver, Colorado.
The long-experienced professional host, Tom Barnard, initially expected this to be a humorous interview, and he certainly had a great sense of humor. By the end of the interview, he seemed pleasantly and positively surprised at both the seriousness of the discussion and by my comprehensive expertise. Generously addressing me as “Sir” at the end, he very positively said he looked forward to having me back again and that the topic was certainly “fascinating.”
This interview provided yet another useful tool for activists of unrelated consenting adult polygamy – UCAP – to share when discussing the issues with others.
On Monday, January 25, 2016, I was invited as a guest with The Real Bob Mitchell, on WWL in New Orleans, Louisiana, at 2:35 pm local time (3:35 pm ET my time zone).
I was asked to share my polygamy expertise regarding the news of Thursday, January 21, 2016, when the “Sister Wives” case, Brown v. Buhman, was heard at the Tenth Circuit Court of Appeals, in Denver, Colorado.
The host, Bob Mitchell, is a renowned local fixture on radio for decades. During the interview, he declared how he could not understand how or why any law would be going after people without more than one marriage license. I thanked him and said, “Exactly!” He joked that he would be willing to go to the court and explain that for us!
As with other interviews before it, this interview became another useful tool for supporters of unrelated consenting adult polygamy – UCAP – to share when discussing the issues with others.
