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View Diary: House Republicans' request to appear at DOMA hearing via telephone denied by judge (84 comments)

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  •  The two Democratic members (3+ / 0-)
    Recommended by:
    Adam B, Scottie Thomaston, sfbob

    (Pelosi and Hoyer) voted against pursuing this.

    On March 9, 2011, BLAG by a vote of 3–2 directed the Office of General Counsel to defend DOMA.[11] Attorneys representing BLAG filed a brief in U.S. District Court in San Francisco in Golinski v. Office of Personnel Management, opposing an action brought by a federal employee to invalidate Section 3 of DOMA under which health insurance coverage to her same-sex spouse was denied.[12] In Golinski and a series of lawsuits challenging DOMA, BLAG's role has not been limited to filing amicus briefs. Without opposition from opposing counsel, several District Courts have granted BLAG intervenor-defendant status.[13] In one DOMA case, McLaughlin v. Panetta, plaintiffs' attorneys asked the court to limit BLAG to filing an amicus curiae brief rather than participating as intervenor-defendant as it did in other DOMA cases. They argued that the House did not properly authorize BLAG to intervene and that BLAG's direct participation violated the separation of powers doctrine.[14] The DOJ also questioned BLAG's standing to appeal a District Court decision, relying on Buckley v. Valeo (1976).[15] Democratic House Minority Leader Nancy Pelosi has questioned the funding of BLAG's defense of DOMA.[16]
    On December 7, 2012, the Supreme Court, in agreeing to hear another DOMA case, United States v. Windsor, asked the parties to address "whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case".[17][18] Article III of the U.S. Constitution restricts the judiciary to hearing cases and controversies, which the Supreme Court has long interpreted to require parties to a case to have a direct interest in the outcome, rather than the "generalized interest" that the Department of Justice claims BLAG has in the defense of DOMA. BLAG has countered, citing the Supreme Court's decision in Chadha that "Congress is ... a proper party" to defend the validity of a statute" in such circumstances.[19]

    “We are not a nation that says ‘don’t ask, don’t tell.’ We are a nation that says ‘out of many, we are one.’” -Barack Obama

    by skohayes on Tue Dec 11, 2012 at 03:37:40 AM PST

    [ Parent ]

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