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View Diary: John Boehner's job creation plan: Defending anti-gay marriage law (56 comments)

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  •  Right. The law (6+ / 0-)

    requires the DOJ to inform Congress that it is choosing to no longer defend a law, so Congress can step in.

    "If moral disapprobation of homosexual conduct is “no legitimate state interest”[...]what justification could there possibly be for denying the benefits of marriage to homosexual couples[...]?" - Justice Antonin Scalia

    by indiemcemopants on Mon Feb 28, 2011 at 09:06:11 AM PST

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    •  OK - I am not a lawyer ... (0+ / 0-)

      Shouldn't have said anything without knowing the facts ...

      But, if I did that I would would be effectively a mute.

      You can ask the questions or provide the answers. If you are going to do both, I don't need to be in the conversation.

      by Edge PA on Mon Feb 28, 2011 at 10:11:20 AM PST

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      •  Sorry. I really did not intend to (0+ / 0-)

        sound like a scold.  For what it's worth, I'm not a lawyer either and I'm not even an American.  I just happened to catch that little bit in the DOJ letter to Boehner.  :)

        If we all kept mute until we knew the facts, the world would be pretty quiet, eh?

        We must, indeed, all hang together, or assuredly we shall all hang separately. B. Franklin

        by Observerinvancouver on Mon Feb 28, 2011 at 01:58:32 PM PST

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        •  What will make this one interesting (1+ / 0-)
          Recommended by:
          Observerinvancouver

          is that, it has been reported elsewhere in DKOS, that one John Roberts, Esq., once in the Solicitor General's office and now in SCOTUS, took the 'no defense' position on behalf of the Solicitor General, and therefore DOJ, in 1990 when he was there. Arguing to him that what DOJ did is illegal may either require him to disqualify himself or suggest an outcome to that branch of the argument.

        •  Oh I didn't take it as a scold (0+ / 0-)

          I just have a werid sense of humor.  Often the only person who gets the joke I am trying to make is me.

          You can ask the questions or provide the answers. If you are going to do both, I don't need to be in the conversation.

          by Edge PA on Tue Mar 01, 2011 at 07:17:16 AM PST

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