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View Diary: Ohio Sheriff Calls President Obama An Enemy - Won't Enforce Laws He Doesn't Like (252 comments)

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  •  It's completely different. (0+ / 0-)

    First of all, let's correct what appears to be an incorrect factual assumption in your comment.  You seem to believe that the Obama administration is "not . . . enforcing DOMA."  That is simply not true.  The administration is continuing to enforce DOMA, although DOJ is no longer defending the statute's constitutionality in the courts.

    What the Obama administration has done is perfectly appropriate.  It has come to the conclusion that DOMA cannot withstand scrutiny under existing Supreme Court precedent, and it has therefore informed the courts it will no longer defend the statute as constitutional.  Despite the administration's view of the law, however, it continues to enforce it, and it will do so until it receives a definitive answer from the Supreme Court on the question of DOMA's constitutionality.

    This is entirely different from a public official attempting to nullify otherwise valid federal laws.  If this sheriff believes any law is unconstitutional, the courts are available to address his claims, assuming he has standing to bring a challenge.  In other words, he may do precisely what the Obama administration is doing with DOMA.  

    "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

    by FogCityJohn on Tue Feb 05, 2013 at 05:19:18 PM PST

    [ Parent ]

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