Thread: Doma Lawyers Back Out.

King and Spalding the firm chosen by republicans on the so-called bi-partisan legal advisory group (they didn't even tell the two sitting democrats that they were hiring the firm) have backed out of defending section three of the Defense of Marriage Act.

http://www.hrcbackstory.org/2011/04/...-doma-defense/

This leaves house republicans in a difficult place.

No other "first tier" law firm will be willing to take on the case as it has already suffered a de-facto defeat through this measure. This means the only people likely to take up the mantle will be highly biased operations like the "Liberty" Counsel or the American "Family" Association.

The trouble with these outfits is that their animus and hatred (not to mention incompetence vis Prop eight) is well documented and is, therefore, all the more likely to make judges consider the cases under the review standard of heightened scrutiny which, in my opinion, makes a loss almost inevitable for the defendants.

I predict this facet of DOMA will fail and fail fast.

Originally Posted by Colombine

King and Spalding the firm chosen by republicans on the so-called bi-partisan legal advisory group (they didn't even tell the two sitting democrats that they were hiring the firm) have backed out of defending section three of the Defense of Marriage Act.

http://www.hrcbackstory.org/2011/04/...-doma-defense/

This leaves house republicans in a difficult place.

No other "first tier" law firm will be willing to take on the case as it has already suffered a de-facto defeat through this measure. This means the only people likely to take up the mantle will be highly biased operations like the "Liberty" Counsel or the American "Family" Association.

The trouble with these outfits is that their animus and hatred (not to mention incompetence vis Prop eight) is well documented and is, therefore, all the more likely to make judges consider the cases under the review standard of heightened scrutiny which, in my opinion, makes a loss almost inevitable for the defendants.

I predict this facet of DOMA will fail and fail fast.

DOMA is unconstitutional, and many competent lawyers know it. Gay marriage will eventually be legal in all 50 states.

In my opinion, DOMA was always just "feel good" legislation enacted to placate the extreme right. I also think that eventually, gay marriage will be legal throughout the 50 States. There is already a number of cases that are waiting to be files with SCOTUS however, there are two loose cannons on the bench that make it problematic right now...Scalia and Thomas.

Maybe that's part of the plan. Force these ultra-right homophobic organizations to front their own money to defend the unconstitutional DOMA and drag them kicking and screaming out to burn in the spotlight.

Originally Posted by windparadox

There is already a number of cases that are waiting to be files with SCOTUS however, there are two loose cannons on the bench that make it problematic right now...Scalia and Thomas.

You mean there are two who are not loose cannons.

Originally Posted by toddwv

Maybe that's part of the plan. Force these ultra-right homophobic organizations to front their own money to defend the unconstitutional DOMA and drag them kicking and screaming out to burn in the spotlight.

Yep. Just like in California. Governor refuses to defend his own states constituion, the court prevented any cities or counties from interviening in the case, leaving only some non profit, anti gay marriage group to defend the states Constitution. All they needed was their gay judge, and the decision was a foregone conclusion.

Originally Posted by dixon76710

Yep. Just like in California. Governor refuses to defend his own states constituion, the court prevented any cities or counties from interviening in the case, leaving only some non profit, anti gay marriage group to defend the states Constitution. All they needed was their gay judge, and the decision was a foregone conclusion.

Oh yeah... that's EXACTLY how it all transpired (not).

To say the lawyers "backed out" is dishonest. They were threatened and coerced into refusing to represent the case. Repreenting murdering pedophiles is honorable, though.

Originally Posted by Johnny-C

Oh yeah... that's EXACTLY how it all transpired (not).

You wouldnt have a clue about such things and thats precisely what happened. You are all emotion and hormones while fact are but an inconvenience to you.

Originally Posted by Colombine

King and Spalding the firm chosen by republicans on the so-called bi-partisan legal advisory group (they didn't even tell the two sitting democrats that they were hiring the firm) have backed out of defending section three of the Defense of Marriage Act.

http://www.hrcbackstory.org/2011/04/...-doma-defense/

This leaves house republicans in a difficult place.

No other "first tier" law firm will be willing to take on the case as it has already suffered a de-facto defeat through this measure.

Oh I suspect there would be an endless supply of first tier law firms willing to take the case and few that would cave to angry homos who are upset they did, like King and Spalding did.