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View Diary: Boehner decides House will defend DOMA in court (101 comments)

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  •  acting on behalf of the house not INS (1+ / 0-)
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    AFAICT from

    INS decided not to deport him, the house vetoed it, and went to court to (unsuccessfully) defend the constitutionality of the law.  That seems a fair bit different than backstopping enforcement of a law that doesn't inherently have the same separation of powers issue.

    •  You got it right (3+ / 0-)

      Lawyer representing the House and Senate defended the law while the named parties argued against it.

      For a case w/o the same separation of powers issues, you'd have to look at Metro Broadcasting v FCC.  Acting SG John Roberts chose not to defend FCC affirmative action policies and argued against them; the FCC had to represent itself to defend them.

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