tag:blogger.com,1999:blog-3634039847604575056.post3115649051747496938..comments2023-11-28T02:49:39.192-08:00Comments on Cruz Lines: Obama DOJ Drops Federal Definition Section of DOMAProf. David B. Cruzhttp://www.blogger.com/profile/17810619657964701172noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-3634039847604575056.post-60381854439622734032011-02-23T12:02:21.674-08:002011-02-23T12:02:21.674-08:00Actually, the US remains a defendant, they just wi...Actually, the US remains a defendant, they just will not present arguments in defense. It remains to be seen whether DOJ would actively attack the law assuming the Senate and/or (more likely) House jump into the Second Circuit suits to defend DOMA. <br /><br />Gill is in the First Circuit, so DOJ will continue to argue there that Section 3 of DOMA survives rational basis review. This letter isProf. David B. Cruzhttps://www.blogger.com/profile/17810619657964701172noreply@blogger.comtag:blogger.com,1999:blog-3634039847604575056.post-30991600373840605092011-02-23T11:54:02.099-08:002011-02-23T11:54:02.099-08:00In AG Holder's letter to Speaker Boehner he sa...In AG Holder's letter to Speaker Boehner he says that the Administration is still enforcing DOMA because of their long-standing tradition of enforcing statutes duly enacted by Congress.<br /><br />The curious part of the decision is that it leaves the U.S. as a party to the lawsuit, but not a defendant. Does that mean if Congress intervenes that the DOJ would OPPOSE them in Court or would Ron Buckmirehttps://www.blogger.com/profile/16211462727803455291noreply@blogger.comtag:blogger.com,1999:blog-3634039847604575056.post-55893913281760356042011-02-23T10:31:58.370-08:002011-02-23T10:31:58.370-08:00On further reflection, I think that one *possible*...On further reflection, I think that one *possible* reason for the U.S. continuing to enforce the act and remaining a party in the lawsuits *could* be to assure that the case could go up to the Supreme Court to get the "definitive" judicial resolution for which Obama says he is looking.Prof. David B. Cruzhttps://www.blogger.com/profile/17810619657964701172noreply@blogger.com