General Discussion
In reply to the discussion: Time Magazine (without comment) [View all]The Velveteen Ocelot
(130,784 posts)The president has no power with respect to lawmaking other than to sign or veto a bill. The Congress makes the laws. The Supreme Court decides whether they are constitutional. The president can't just have lunch with the justices and they decide "who makes the call" - this would violate the constitutional principle of separation of powers.
Civics 101: Each of the three branches of government (executive - the President; legislative - Congress; and judicial - the courts) have specific powers. They are not to interfere or merge with each other, but only to check and balance.
In other words, a law enacted by Congress and signed by a President - in this case, DOMA - is valid unless and until it is either declared unconstitutional by the Supreme Court or repealed by a later Congress.
That's the way the system works. There is no "agreeing on who should decide the case." It belongs to the Supreme Court at this point.
I am often amazed at how confused a lot of people are about how our government is set up. It doesn't always work as well as it should, but there some basic principles and we should all try to learn what they are.