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12/11/2012

Was Boehner's House actually *too active* on something? New lawyer to make the case

by Jeremy Hooper

SCOTUSBlog's Lyle Denniston brings us an interesting development:

The Supreme Court on Tuesday chose a Harvard professor of constitutional law, Vicki C. Jackson, to argue that the Court does not have the authority to rule on the constitutionality of the federal Defense of Marriage Act. She will file a brief and appear to argue the two procedural issues that the Court itself had raised in agreeing last Friday to consider DOMA’s validity.

Jackson, who joined the Harvard faculty last year after several years at the Georgetown University Law Center, will contend that the executive branch’s agreement with a lower court that DOMA is invalid takes away the Justices’ authority to rule on DOMA, and that the House of Representatives’ Republican leaders do not have a right to appear in the case under Article III of the Constitution. The professor will appear in the case as an amicus to make only those points, not to join in the debate over the constitutionality of DOMA, which
KEEP READING: Extra lawyer named on gay marriage [SCOTUSblog]
(h/t: Str8GrandMother)

Can you imagine if it turns out we've already won both of these cases (DOMA and Prop 8)? Because that could be true.

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