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Tuesday, April 19, 2011

House Republicans hire former Solicitor General Paul D. Clement to defend the Defense of Marriage Act.

After the Justice Department declined to defend it. Speaker Boehner wants to deduct the cost from money that would otherwise go to the Justice Department.

Reaction from interested groups:
"Not only are House Republican leaders defending the indefensible, they've brought in a high-priced attorney to deny federal recognition to loving, married couples," said Joe Solmonese, president of the Human Rights Campaign. "Speaker Boehner appears ready to go to great lengths, and the great expense of a high-power law firm, to try to score some cheap political points on the backs of same-sex couples."

"At last we have a legal eagle on this case who actually wants to win in court," said Brian Brown, president of the National Organization for Marriage. "Thanks to Speaker Boehner's actions, President Obama's attempt to sabotage the legal defense of DOMA is not going to work."
I would like to see the Defense of Marriage Act go, and I encouraged the Obama administration to decline to defend it, but I don't think it's "indefensible," and in fact, it deserves to be defended, and the House Republicans did the right thing in hiring Clement. The country deserves a well-briefed, well-argued case presented to the Supreme Court. The other side is already represented by Theodore Olson, another former Solicitor General. I hope Olson wins, but not because he's the better lawyer. It is absolutely fitting that he be matched with a lawyer of equal stature, skill, and will to prevail.

Whatever the outcome, we will all benefit from the marvelous lesson in law these 2 men will provide.

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