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ProSense

(116,464 posts)
Wed Mar 27, 2013, 03:42 PM Mar 2013

John Roberts Takes A Swipe At Obama Over DOMA [View all]

John Roberts Takes A Swipe At Obama Over DOMA

Sahil Kapur

Chief Justice John Roberts took a swipe at President Obama during oral arguments Wednesday, arguing that the president should stop executing the parts of the Defense of Marriage Act he deems unconstitutional rather than relying on the courts to pave the way.

“If he has made a determination that executing the law by enforcing the terms is unconstitutional, I don’t see why he doesn’t have the courage of his convictions,” Roberts said of Obama, “and execute not only the statute, but do it consistent with his view of the Constitution, rather than saying, oh, we’ll wait till the Supreme Court tells us we have no choice.”

In response, Vicki Jackson, the lawyer appointed by the Supreme Court to argue that the court lacks standing to hear the case, responded that it’s “a hard question” given that the constitutional questions turn on what relief the injured parties are seeking.

The case was unusual in that the Obama administration, after initially defending the law, switched sides in 2011 and began pushing the Supreme Court to overturn it, concluding that it was discriminatory and unconstitutional. As a result, the House Republican majority took the reins and hired counsel to defend it in court. Meanwhile, the Justice Department said it would continue to enforce the law until the courts reach a decision as to its validity.

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http://tpmdc.talkingpointsmemo.com/2013/03/john-roberts-swipes-obama-doma.php



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