John Boehner loses his lawyer.
That was fast. To recap, the Department of Justice has decided it will no longer defend the Defense of Marriage Act in the courts. Not wanting to miss an opportunity to keep the social conservatives happy, Speaker John Boehner announced the House would take up the case, and hired former Bush solicitor general Paul Clement to take it on.
Now it appears that he was a bit hasty in agreeing to take on Boehner's defense of bigotry case.
WASHINGTON -- The law firm King & Spalding announced on Monday that it will not continue to represent the U.S. House of Representatives in defending the Defense of Marriage Act, and the partner who had taken the case announced his resignation.
"Today the firm filed a motion to withdraw from its engagement to represent the Bipartisan Legal Advisory Group of the House of Representatives on the constitutional issues regarding Section III of the 1996 Defense of Marriage Act," firm chairman Robert D. Hays, Jr. said in a statement. "Last week we worked diligently through the process required for withdrawal."
“In reviewing this assignment further, I determined that the process used for vetting this engagement was inadequate," he continued. "Ultimately I am responsible for any mistakes that occurred and apologize for the challenges this may have created."
Shortly after the firm announced that it would no longer take the case, former Bush solicitor general Paul Clement, the partner charged with leading the firm's defense, submitted his letter of resignation to Hays, which was passed along to The Huffington Post.
The firm faced intense criticism from the LGBT advocacy groups, particularly over a clause in the contract that barred the firm's employees from engaging in any advocacy "alter or amend" DOMA, stating that "partners and employees who do not perform services pursuant to this Agreement will not engage in lobbying or advocacy for or against any legislation...that would alter or amend in any way the Defense of Marriage Act and is pending before either the U.S. House of Representatives or the U.S. Senate or any committee of either body during the term of the Agreement."
Boehner is likely going to have a hard time finding another firm with the reputation of King & Spaulding willing to take this one on, now that the firm dropped the case like a hot potato. John Aravosis has some good thoughts on that. (See update.)
It will be interesting to see what firm now picks up the bigoted, discriminatory case that puts them on a par with segregationist law firms during the 50s and 60s. Whoever it is, they're going to be facing a civil rights community, gay and straight, that now has tasted blood on this issue. I cannot imagine how the firm that eventually takes this case isn't going to face serious protests during their fall recruitment campaigns on law school campuses. Law students wanting to interview with the firm are going to have to pass picket lines of students yelling "hate" and "bigot." Not to mention, students signing up for interviews who are actually plants who will erupt in protest once the interview begins.
Good luck with that, Mr. Speaker.
Update: Clement is going to continue on with the case, saying "having undertaken the representation, I believe there is no honorable course for me but to complete it."
And Boehner's spokesman reacts.
The Speaker is disappointed in the firm’s decision and its careless disregard for its responsibilities to the House in this constitutional matter. At the same time, Mr. Clement has demonstrated legal integrity, and we are grateful for his decision to continue representing the House. This move will ensure the constitutionality of this law is appropriately determined by the courts, rather than by the President unilaterally.