Boehner-Led Group Will Defend DOMA In Court

[marmar]

from HuffPost:



WASHINGTON -- 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.

"It is regrettable that the Obama Administration has opened this divisive issue at a time when Americans want their leaders to focus on jobs and the challenges facing our economy," Boehner said. "The constitutionality of this law should be determined by the courts -- not by the president unilaterally -- and this action by the House will ensure the matter is addressed in a manner consistent with our Constitution." ............(more)

The complete piece is at: http://www.huffingtonpost.com/2011/03/04/john-boehner-doma-defense_n_831548.html

[mysuzuki2]

1. How would he and his group have any legal standing?

[TheWraith]

7. By virtue of the DOJ opting out.

Technically, the DOJ is supposed to pursue the defense of federal law until they exhaust their options, which usually means a Supreme Court ruling. In this case, the Obama admin bent the rules to short-circuit the process, and their way out is to let Congress defend the law if they so choose instead of having the DOJ do it.

[Cirque du So-What]

2. Sanctimonious sack o'shit!

'It is regrettable that the Obama Administration has opened this divisive issue at a time when Americans want their leaders to focus on jobs and the challenges facing our economy'

This wouldn't even be an issue if these shitheads hadn't created the divisive issue in the first fucking place!

[laconicsax]

3. Hey, didn't St. Ronnie actually refuse to enforce a law he signed?

Yep, he sure did--the Competition in Contracting Act of 1984.

Also, James Wilson once wrote,

...for it is possible that the legislature, when acting in that capacity, may transgress the bounds assigned to it, and an act may pass, in the usual mode, notwithstanding that transgression; but when it comes to be discussed before the judges,--when they consider its principles, and find it to be incompatible with the superior power of the Constitution,--it is their duty to pronounce it void; and judges independent, and not obliged to look to every session for a continuance of their salaries, will behave with intrepidity, and refuse to the act the sanction of judicial authority. In the same manner, the President of the United States could shield himself, and refuse to carry into effect an act that violates the Constitution.

http://press-pubs.uchicago.edu/founders/documents/a3_2_1s11.html">link

And don't look now, but that ratfucker Scalia even wrote that,

Thus, it was not enough simply to repose the power to execute the laws (or to appoint) in the President; it was also necessary to provide him with the means to resist legislative encroachment upon that power. The means selected were various, including a separate political constituency, to which he alone was responsible, and the power to veto encroaching laws, see Art. I, § 7, or even to disregard them when they are unconstitutional.

http://www.law.cornell.edu/supct/html/90-762.ZC.html">link

[Kurovski]

4. Stll working hard to create jobs, I see.

[sharp_stick]

5. But how's he gonna pay for it?

I thought boner was all about cuttin' the finances. Now he's going to hire some $1,000 an hour POS Liberty University "grad" to "defend" a POS piece of fundie legislation?

I think the orange one is secretly in competition to beat Newt Gingrich as the worst speaker in the modern history of Congress.

[spanone]

6. another distraction from the fact that they are doing nothing to promote jobs