SCOTUS May Throw Out DOMA Cases Due to DOJ Refusal to Defend
This column by ACRU Senior Legal Analyst Ken Klukowski was published March 27, 2013 on Breitbart.com.
The Supreme Court’s justices spent a full hour in today’s DOMA case, U.S. v. Windsor, debating whether the case should be in court at all.
In each DOMA lawsuit–including Windsor–the Obama Department of Justice (DOJ) has a responsibility to defend DOMA against a constitutional challenge. But President Obama declared that he believes DOMA is unconstitutional and ordered DOJ not to defend it.
The justices discussed whether this means no federal court has jurisdiction to decide the lawsuit. Article III of the Constitution only gives […]

