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View Diary: Update: House Votes To Defend DOMA | Arrests Made At Speaker Boehner’s Office (90 comments)

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  •  The issue is the Department of Justice (1+ / 0-)
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    Matt Z

    declined to defend the Constitutionality of the Defense of Marriage Act in court against a variety of Constitutional challenges being being made by groups like the ACLU and others.

    The House, (and presumably the Senate) by the rules in the Constitution, has the OPTION to defend it as well. (This will probably be accomplished by hiring and deputizing an outside special defender, like a special prosecutor.)

    The "Ask" is that Boehner and the House DECLINE to exercise that option. Which would probably end the law once and for all since it's been determined by lower courts to be unconstitutional. (Although outside groups would probably fight for standing, it's unclear if anyone other than the DOJ, or Congress has standing to defend a law against a constitutional challenge. Lacking a defendant with standing, the lower court ruling would stand unchallenged.)

    Which no on in their right mind really would imagined Congress would decline to defend it. And indeed, yesterday evening they decided to do just that.

    But that said, it's still worth saying "I object" when your government does something you find objectionable.

    This is the "standing up to bullies" is the only way to fight them theory of engagement.

    When I was young, I thought money was the most important thing in life. Now that I'm old - I know it is.--Oscar Wilde

    by Scott Wooledge on Thu Mar 10, 2011 at 10:32:24 AM PST

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