On Friday, the court removed the case from its calendar in response to a request from Demos Senior Counsel Stuart C. Naifeh. Naifeh said a colleague who was supposed to argue the case on Nov. 8 will be "unable to work for a sustained period of time." Naifeh said he will replace his colleague but needs a postponement "to allow adequate time to prepare for the argument."
Naifeh's letter said lawyers for the state of Ohio and the federal government did not object to the delay, and would like to reschedule the arguments for early next year. The court removed the case from its docket and has not yet rescheduled it.