DOMA defense in turmoil
By: Josh Gerstein
Politico.com
April 25, 2011 02:45 PM EDT
The House of Representatives’ courtroom defense of the Defense of Marriage Act suffered a serious jolt Monday after the law firm the House hired to argue the law’s constitutionality in up to a dozen pending court challenges abruptly withdrew — and the former solicitor general heading up the defense resigned from the firm to stay on the case.
Just a week ago, House officials announced they had signed up Atlanta-based King & Spalding and prominent constitutional lawyer Paul Clement, a former solicitor general under President George W. Bush, to defend the constitutionality of the 1996 law barring federal recognition of same-sex marriage. The defense of the law fell to the House after President Barack Obama instructed the Justice Department to abandon defense of a key portion of the law because he and Attorney General Eric Holder concluded it was unconstitutional.
The House’s appointment of outside counsel was made — and a contract for up to $500,000 issued — over the objection of House Democratic leaders, who called the effort a waste of taxpayer money.
However, late last week, King & Spalding came under pressure from gay rights activists decrying the firm’s decision to back a law some view as unfair discrimination. On Monday morning, King & Spalding chairman Robert Hays Jr. announced that the firm was backing out.
(Original here.)
Politico.com
April 25, 2011 02:45 PM EDT
The House of Representatives’ courtroom defense of the Defense of Marriage Act suffered a serious jolt Monday after the law firm the House hired to argue the law’s constitutionality in up to a dozen pending court challenges abruptly withdrew — and the former solicitor general heading up the defense resigned from the firm to stay on the case.
Just a week ago, House officials announced they had signed up Atlanta-based King & Spalding and prominent constitutional lawyer Paul Clement, a former solicitor general under President George W. Bush, to defend the constitutionality of the 1996 law barring federal recognition of same-sex marriage. The defense of the law fell to the House after President Barack Obama instructed the Justice Department to abandon defense of a key portion of the law because he and Attorney General Eric Holder concluded it was unconstitutional.
The House’s appointment of outside counsel was made — and a contract for up to $500,000 issued — over the objection of House Democratic leaders, who called the effort a waste of taxpayer money.
However, late last week, King & Spalding came under pressure from gay rights activists decrying the firm’s decision to back a law some view as unfair discrimination. On Monday morning, King & Spalding chairman Robert Hays Jr. announced that the firm was backing out.
(Original here.)
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1 Comments:
I am at odds with myself on this one. Law firms have the right to decide which cases to take on. However, ideally the decision should be based on their opinion of the merits of the case, not the social and political repercussi¬ons of taking the case. Personally¬, I believe DOMA to be unconstitu¬tional based on several points that I have written about before.
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