In 2011 the 9th U.S. Circuit Court of Appeals upheld a temporary injunction from a lower court that blocked a 2009 state law eliminating health-insurance coverage for same-sex partners of state employees from taking effect signed by Arizona Gov. Jan Brewer that overturned a 2008 executive order from her predecessor, Gov. Janet Napolitano, who used administrative powers to grant the coverage.
After the 2011 decision, Brewer and her lawyers asked the Ninth Circuit to re-hear the case en banc, or by an 11-judge panel. On April 3, the Ninth Circuit denied the request.
The Ninth Circuit ruling, which upheld a trial-court ruling, kept an Arizona law from going into effect that, as the appeals court held, “would have terminated eligibility for health-care benefits of state employees’ same-sex partners
In a July 2 filing noted on the Supreme Court docket, lawyers for the governor have asked the U.S. Supreme Court to reverse the September 2011 decision of the U.S. Court of Appeals for the Ninth Circuit that had the effect of keeping same-sex partners’ health-care benefits in place in the state.
The case, Brewer v. Diaz, is No. 12-23 is now on the Supreme Court docket.
Lambda Legal which is representing the plaintiff couples, who have until August 6 to submit their response to the governor’s petition.