I hate to break it to Barry, but the Executive branch of government does not have the authority to declare a law unconstitutional...The Judicial branch does that. This will ultimately end up in the Supreme Court.
The Obama administration announced Wednesday that it will no longer defend the federal law that defines marriage as a union between a man and a woman.
The decision marks a significant about-face for the Obama Justice Department, which until now had defended the law in court despite President Obama's misgivings with the policy. The administration's attorneys as recently as last month had filed a court motion in support of the Defense of Marriage Act, which effectively bans recognition of same-sex marriage.
But after two new lawsuits were filed in New York and Connecticut, Obama ordered Attorney General Eric Holder not to defend the statute.
1 comments:
I hate to break it to the writer who stated that "the Executive branch of government does not have the authority to declare a law unconstitutional". This statement is true but not relevant in the discussion of the decision of President Obama's Justice Department to decline to defend DOMA in court. As anyone who passed 8th grade civics knows, the constitutionality of the law will be decided by the courts. DOMA will continue to be the law until it is either repealed or declared unconstitutional. If you think DOMA should be defended in court contact Rep Boehner and others who support this law and let them defend it. By the way there is precedent for this type of action by many previous DoJ lawyers, including John Roberts when he worked for the George H W Bush DoJ.
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