Boehner lets DOMA ruling stand

Timothy Kincaid

June 15th, 2011

On Monday the judges of the Central California Division of the United States Bankruptcy Court ruled that DOMA Section 3 is in violation of the US Constitution
. House Speaker John Boehner, who has hired attorney Paul Clement to defend the bill and instructed the House General Counsel to oversee the defense, has indicated that there will be no appeal of this decision. (LATimes)

A spokesman for Mr. Boehner, Brendan Buck, said the ruling would not be appealed.

“Bankruptcy cases are unlikely to provide the path to the Supreme Court, where we imagine the question of constitutionality will ultimately be decided,” Mr. Buck said. “Obviously, we believe the statute is constitutional in all its applications, including bankruptcy, but effectively defending it does not require the House to intervene in every case, especially when doing so would be prohibitively expensive.”

Hyhybt

June 15th, 2011

Well, he did agree to spend only $500,000 on defending DOMA, if I remember rightly… and that won’t go far.

The trouble is, with no defense there’s no way to get high enough to set precedent… leaving everybody to sue individually. An awful nuisance even if wins were guaranteed.

Especially in bankruptcy, where almost by definition you can’t afford a fight.

Eric in Oakland

June 16th, 2011

Where are all the right wing crazies who claim that refusing to appeal every decision is the same as intentional nullification?

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