Law Firm Drops DOMA Case

John Boehner may have to look for another lawyer
Politics • Views: 22,502

The top-priced law firm retained by the Republican Party and John Boehner to defend the religious right’s anti-gay “Defense of Marriage Act” is bailing out.

King and Spalding Chairman Robert D. Hays, Jr., whose partner Paul Clement was to lead the defense, said in a statement through a spokesman, Les Zuke:

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. 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. Ultimately I am responsible for any mistakes that occurred and apologize for the challenges this may have created.

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54 comments
1 [deleted]  Mon, Apr 25, 2011 9:21:21am
2 Simply Sarah  Mon, Apr 25, 2011 9:22:34am

Well, how’s that for timing. As I was just saying in the previous thread, it appears that while King & Spalding will no longer be the law firm behind the case, Paul Clement will still be handling the defense, just from a different law firm.

3 WINDUPBIRD DISEASE [S.K.U.M.M.]  Mon, Apr 25, 2011 9:23:10am

re: #2 Simply Sarah

Well, how’s that for timing. As I was just saying in the previous thread, it appears that while King & Spalding will no longer be the law firm behind the case, Paul Clement will still be handling the defense, just from a different law firm.

I wonder if he’ll return to King and Spalding

4 jamesfirecat  Mon, Apr 25, 2011 9:23:43am

Has anyone in their organization made it clear why they’re doing this?

5 Lidane  Mon, Apr 25, 2011 9:25:01am

re: #3 WindUpBird

I wonder if he’ll return to King and Spalding

I doubt it, given that the firm felt more comfortable losing him than defending DOMA.

6 Simply Sarah  Mon, Apr 25, 2011 9:26:01am

re: #3 WindUpBird

I wonder if he’ll return to King and Spalding

Well, that’s entirely possible, but it seems unlikely. If K&S decided they didn’t want to take the case out of PR reasons (In whole or in part), I can’t see how welcoming back the dude that left so he could still take the case would play very well.

7 celticdragon  Mon, Apr 25, 2011 9:31:27am

The right wing blawgs are going to go apeshit.

8 darthstar  Mon, Apr 25, 2011 9:31:48am

Texas Governor prays for rain for three days? I threw out a short prayer for hail just to fuck with Texas and to see if my god is better than Perry’s (she is).

Took three freakin’ tries to resize this to under 200…last try was 201…feh.

Friend of mine posted that hail on fb…had to tease her about it.

9 sffilk  Mon, Apr 25, 2011 9:32:32am

There’s a big article in today’s Fulton County Daily Report (the legal newspaper for Fulton County, Georgia, where there’s a HUGE office of King & Spalding) where it explains that part of the problem here in Georgia is that two of the partners here are also heavily involved in the Stonewall Bar Association here, plus the fact that the law firm is very pro-gay. I can’t put out the link to the story because the link is by subscription only, but here’s a bit from it:

“It’s stunning to me,” said Randy L. New, a Stonewall Bar member and partner in the gay-owned firm Kitchens New Cleghorn. “King & Spalding has made an effort to present themselves as pro-gay and pro-our community. … And now they are diametrically opposed to the most important issue facing our community bar none—marriage equality.”

Brian M. Basinger, an Atlanta associate in the firm’s white-collar practice, is president of the Stonewall Bar Association of Georgia, the state’s bar organization for the lesbian, gay, bisexual and transgender (LGBT) community. The group vigorously supports marriage equality for same-sex couples.

King & Spalding partner S. Samuel Griffin, who works in the environmental and toxic tort litigation section, is a member of the Stonewall Bar’s board of directors.

Two clauses in King & Spalding’s contract with the House of Representatives prohibit its partners and employees, whether working on the case or not, from lobbying or advocating for any legislation relating to DOMA.

“King & Spalding appeared to want to be out front, in Atlanta for sure, on diversity,” said New. “They have supported some local gay organizations, so it’s a bit surprising that they would take on a political issue on the other side.”

“Every client deserves representation, and lawyers certainly represent both sides of an issue from time to time,” he continued, adding that he’s represented both employers and employees in discrimination disputes himself.

“But I’ve never represented an employer who claimed that they did discriminate and that they should be able to do so,” he said.

10 sffilk  Mon, Apr 25, 2011 9:34:57am

By the way, with regards to post #9, the quotes are from different parts of the article. They are not all directly one right after the other. For some reason, it turned the 3 quotes I pulled out into 1 big quote.

11 BongCrodny  Mon, Apr 25, 2011 9:35:55am

re: #8 darthstar

Texas Governor prays for rain for three days? I threw out a short prayer for hail just to fuck with Texas and to see if my god is better than Perry’s (she is).

Took three freakin’ tries to resize this to under 200…last try was 201…feh.

Friend of mine posted that hail on fb…had to tease her about it.


That photo makes it looks like it was raining soft-boiled eggs.

12 Simply Sarah  Mon, Apr 25, 2011 9:36:09am

On the reason Clement gives for leaving to continue work on the case, which is that “Defending unpopular positions is what lawyers do.”, he does certainly have a point to a degree. That being said, this is a case of a private law firm taking on defense of a public law. Now, should a firm take such a case, they need to defend the statute to the best of their ability, but that doesn’t mean they need to take the case. Congress has their own lawyers and *they* would be duty-bound to handle the case, if they were the ones appointed.

13 Gus  Mon, Apr 25, 2011 9:36:22am

What wretched creatures that want to deny if not destroy the liberties and freedoms that others enjoy in this nation. Or as a veteran once said about gay marriage rights, “that’s why I fought on Omaha Beach”. Not with these wretched men. It’s as if though they’re taking their anger out on because of their pathetic and meaningless lives on others.

14 Why I Never!  Mon, Apr 25, 2011 9:37:52am

re: #13 Gus 802

It’s as if though they’re taking their anger out on because of their pathetic and meaningless lives on others.

That explains so much, and not only this.

15 Targetpractice  Mon, Apr 25, 2011 9:38:46am

re: #13 Gus 802

What wretched creatures that want to deny if not destroy the liberties and freedoms that others enjoy in this nation. Or as a veteran once said about gay marriage rights, “that’s why I fought on Omaha Beach”. Not with these wretched men. It’s as if though they’re taking their anger out on because of their pathetic and meaningless lives on others.

Can’t really blame it on the law firm, they got approached with what (at the time) seemed like a sweet deal and took it. That they’ve decided to bow out seems to tell me they know it’s not only politically unpopular, but also a very long shot, and have chosen not to be associated with it.

16 FriendsofHummus  Mon, Apr 25, 2011 9:42:07am

I wonder if Boehner cries about this too.

17 Gus  Mon, Apr 25, 2011 9:46:38am

Sky high gasoline prices. War in Libya. War in Afghanistan. An occupation in Iraq. Unemployment. Tightened to non-existent lending. A broken health care system even with pending HCR. A broken justice system. A private prison-industrial system. Violent crimes and mass murders and shootings beyond Giffords. Domestic terrorism and near bombings in the Northwest and recently in Colorado…

Yet the focus by the GOP is gay marriage and abortion.

18 Kragar (Antichrist )  Mon, Apr 25, 2011 9:47:47am

re: #17 Gus 802

Yet the focus by the GOP is gay marriage and abortion.

Well, that and proving the President is a Muslim born in Kenya.

19 Gus  Mon, Apr 25, 2011 9:48:45am

The sanctity of life shall not infringe upon the rights of a crazed lunatic from being able to freely purchase an automatic weapon!

More about gays.

/GOP

20 SpaceJesus  Mon, Apr 25, 2011 9:50:28am

ah yes, public relations wins again

21 Gus  Mon, Apr 25, 2011 9:50:39am

re: #18 Kragar (Proud to be Kafir)

Well, that and proving the President is a Muslim born in Kenya.

Obama’s birth certificate: the GOP’s political tinnitus. The high pitched noise that never seems to go away.

22 Why I Never!  Mon, Apr 25, 2011 9:51:47am

re: #21 Gus 802

Obama’s birth certificate: the GOP’s political tinnitus. The high pitched noise that never seems to go away.

That’s brilliant!

23 Walter L. Newton  Mon, Apr 25, 2011 9:51:59am

re: #17 Gus 802

Sky high gasoline prices. War in Libya. War in Afghanistan. An occupation in Iraq. Unemployment. Tightened to non-existent lending. A broken health care system even with pending HCR. A broken justice system. A private prison-industrial system. Violent crimes and mass murders and shootings beyond Giffords. Domestic terrorism and near bombings in the Northwest and recently in Colorado…

Yet the focus by the GOP is gay marriage and abortion.

It’s Bush’s fault.

24 Gus  Mon, Apr 25, 2011 9:52:08am

re: #22 iceweasel

That’s brilliant!

Thanks. It just came to me. ;)

25 FriendsofHummus  Mon, Apr 25, 2011 9:52:45am

It’s simply madness that this is what the GOP cares more about. We’re told when we want to improve health care, education, etc that we just don’t have the money but we have the money to go after women who choose to get a legal procedure or tell gay and lesbian couples that they should not be entitled to equality under the law. And the Republicans have the nerve to sel lthemselves as the party of small government and individual liberty.

26 blueraven  Mon, Apr 25, 2011 9:54:15am

re: #23 Walter L. Newton

It’s Bush’s fault.

Oh Gawd.

27 Gus  Mon, Apr 25, 2011 9:54:39am

re: #23 Walter L. Newton

It’s Bush’s fault.

Yep. That’s exactly what I was thinking.

28 Simply Sarah  Mon, Apr 25, 2011 9:54:50am

re: #25 HappyWarrior

It’s simply madness that this is what the GOP cares more about. We’re told when we want to improve health care, education, etc that we just don’t have the money but we have the money to go after women who choose to get a legal procedure or tell gay and lesbian couples that they should not be entitled to equality under the law. And the Republicans have the nerve to sel lthemselves as the party of small government and individual liberty.

It’s only madness if you look at it from the standpoint of what is best for the country. If, however, you look at it through a political lens and see that the goal is to get into/stay in office and to impose a segment of socially conservative Christian views on everyone, then it makes a lot of sense.

29 FriendsofHummus  Mon, Apr 25, 2011 9:55:40am

re: #28 Simply Sarah

It’s only madness if you look at it from the standpoint of what is best for the country. If, however, you look at it through a political lens and see that the goal is to get into/stay in office and to impose a segment of socially conservative Christian views on everyone, then it makes a lot of sense.

Of course, I really hope there’s a backlash against this nonsense.

30 Ericus58  Mon, Apr 25, 2011 9:56:15am

Horrah! A thread I can join - any thread that has wikileaks or Assange tagged get’s the big buzzer from my companies security software.

Good to see the reversal of this firm in regards to taking on the DOMA issue.

DOMA is just one letter away from DOGMA…..

31 WINDUPBIRD DISEASE [S.K.U.M.M.]  Mon, Apr 25, 2011 9:57:54am

ughh

32 WINDUPBIRD DISEASE [S.K.U.M.M.]  Mon, Apr 25, 2011 9:58:37am

re: #28 Simply Sarah

It’s only madness if you look at it from the standpoint of what is best for the country. If, however, you look at it through a political lens and see that the goal is to get into/stay in office and to impose a segment of socially conservative Christian views on everyone, then it makes a lot of sense.

chessboard and pieces

33 WINDUPBIRD DISEASE [S.K.U.M.M.]  Mon, Apr 25, 2011 9:59:03am

re: #28 Simply Sarah

It’s only madness if you look at it from the standpoint of what is best for the country. If, however, you look at it through a political lens and see that the goal is to get into/stay in office and to impose a segment of socially conservative Christian views on everyone, then it makes a lot of sense.

like the man says in WarGames

only way to win is not to play

if you’re surrounded by bigger pieces? leave the board

34 Charles Johnson  Mon, Apr 25, 2011 9:59:59am

Excuse me while steam shoots out of my ears.

35 WINDUPBIRD DISEASE [S.K.U.M.M.]  Mon, Apr 25, 2011 10:00:34am

:(

36 Why I Never!  Mon, Apr 25, 2011 10:04:09am

re: #30 Ericus58


DOMA is just one letter away from DOGMA…

That’s good. I’m gonna steal that. :)

37 Stanley Sea  Mon, Apr 25, 2011 10:04:26am

:( squared

38 Gus  Mon, Apr 25, 2011 10:06:47am

re: #37 Stanley Sea

:( squared

:(2

39 Stanley Sea  Mon, Apr 25, 2011 10:09:28am

re: #38 Gus 802

:(2

You are so damned smart.

40 Gus  Mon, Apr 25, 2011 10:10:24am

Anyway. So seriously. GOPers need to get a life. Big time. They keep talking about “states rights” yet most of them want to amend the constitution to ban gay marriage. Talk about a sexually dysfunctional party. Seriously? Ban gay marriage in the constitution? What a joke.

41 Gus  Mon, Apr 25, 2011 10:12:12am

I know what. Let’s amend the constitution to ban heterosexual adultery. Sort of like the adultery that the GOP members keeps engaging in getting caught with.

42 Targetpractice  Mon, Apr 25, 2011 10:16:14am

re: #41 Gus 802

I know what. Let’s amend the constitution to ban heterosexual adultery. Sort of like the adultery that the GOP members keeps engaging in getting caught with.

Excellent idea. If we’re gonna go all Biblical, then criminalizing adultery should be one of the big items on the agenda. What would you say, 10 years in prison?

43 Gus  Mon, Apr 25, 2011 10:17:26am

re: #42 Targetpractice, Worst of Both Worlds

Excellent idea. If we’re gonna go all Biblical, then criminalizing adultery should be one of the big items on the agenda. What would you say, 10 years in prison?

At least. We might as well add “coveting” while we’re at it. Heck, just add all 10 Commandments and Biblical passages. Do the Gary North thing.

44 Kragar (Antichrist )  Mon, Apr 25, 2011 10:18:01am

re: #41 Gus 802

I know what. Let’s amend the constitution to ban heterosexual adultery. Sort of like the adultery that the GOP members keeps engaging in getting caught with.

Make sure the punishment involves scissors.

45 Gus  Mon, Apr 25, 2011 10:19:34am

re: #44 Kragar (Proud to be Kafir)

Make sure the punishment involves scissors.

Well, according to the 50th Amendment you’re not allowed to be jealous of your neighbor’s ass. I mean donkey.

//

46 Gus  Mon, Apr 25, 2011 10:21:23am

Classic…

You shall not covet your neighbor’s house; you shall not covet your neighbor’s wife, or male or female slave, or ox, or donkey, or anything that belongs to your neighbor.

That just gives me the warm fuzzies. A document that refers to not being jealous of your neighbor’s male or female slave.

47 Gus  Mon, Apr 25, 2011 10:22:21am

“Damn, I wish I had one of those [slaves].”

[Bolt of lightning strikes the man coveting his neighbor’s slave.]

Who wrote that? //

48 Fat Bastard Vegetarian  Mon, Apr 25, 2011 10:24:41am

re: #46 Gus 802

Carlin whittled it very effectively down to two commandments;

First:

•THOU SHALT ALWAYS BE HONEST AND FAITHFUL, ESPECIALLY
TO THE PROVIDER OF THY NOOKIE.

And second:

•THOU SHALT TRY REAL HARD NOT TO KILL ANYONE, UNLESS,
OF COURSE, THEY PRAY TO A DIFFERENT INVISIBLE AVENGER
THAN THE ONE YOU PRAY TO.

49 lawhawk  Mon, Apr 25, 2011 10:25:50am

re: #45 Gus 802

Youtube Video

The United States is a non-smoking nation! No smoking, no drugs, no alcohol, no women - unless you’re married - no foul language, no red meat!
Snake Plissken: [sarcastic] Land of the free.

50 Gus  Mon, Apr 25, 2011 10:25:55am

re: #48 Fat Bastard Vegetarian

Carlin whittled it very effectively down to two commandments;

First:

•THOU SHALT ALWAYS BE HONEST AND FAITHFUL, ESPECIALLY
TO THE PROVIDER OF THY NOOKIE.

And second:

•THOU SHALT TRY REAL HARD NOT TO KILL ANYONE, UNLESS,
OF COURSE, THEY PRAY TO A DIFFERENT INVISIBLE AVENGER
THAN THE ONE YOU PRAY TO.

I was just thinking “thou shalt stone your neighbor with the male and/or female slaves.”

51 BongCrodny  Mon, Apr 25, 2011 10:26:48am

re: #38 Gus 802

:(2

re: #48 Fat Bastard Vegetarian

Carlin whittled it very effectively down to two commandments;

First:

•THOU SHALT ALWAYS BE HONEST AND FAITHFUL, ESPECIALLY
TO THE PROVIDER OF THY NOOKIE.

And second:

•THOU SHALT TRY REAL HARD NOT TO KILL ANYONE, UNLESS,
OF COURSE, THEY PRAY TO A DIFFERENT INVISIBLE AVENGER
THAN THE ONE YOU PRAY TO.


He was the only comedian I know who could make a scolding funny.

52 Gus  Mon, Apr 25, 2011 10:31:44am

re: #49 lawhawk

[Video]The United States is a non-smoking nation! No smoking, no drugs, no alcohol, no women - unless you’re married - no foul language, no red meat!
Snake Plissken: [sarcastic] Land of the free.

Steve Buscemi is in every movie.

//

53 lawhawk  Mon, Apr 25, 2011 10:33:00am

re: #52 Gus 802

Just don’t call me Mr. Pink

54 Martinsmithy  Mon, Apr 25, 2011 11:19:18am

Occasionally conscience wins out over money.

Even for a major law firm!


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