Boehner-Led Group Will Defend DOMA In Court
Via HuffPo:
House Speaker John Boehner (R-Ohio) announced on Friday that he was spearheading a process that will, ultimately, witness the House of Representatives taking over the legal responsibilities of arguing for the constitutionality of the Defense of Marriage Act.
The announcement comes less than two weeks after the Obama administration’s Department of Justice removed itself from the case, declaring that it had determined the law — which dictates that the federal government can only recognize a state-sanctioned marriage between a man and a woman — to be unconstitutional.
In a statement posted on his website, Boehner said he would be convening a meeting of the Bipartisan Legal Advisory Group to vote on how to address the law in court. Since the group is weighted towards Republicans, the outcome seems fairly certain that the House will take on the role of the defense.
If any of the lawyers here could explain what Boehner and the rest are trying to do, that would be great. If the United States AG and the DoJ have decided to no longer defend a law in court, can Congress actually take over? This seems like an overreach to me.