There's a lot of debate on how
the Supreme Court will rule on the issue of same-sex marriage. Following two
days of oral arguments on the topic, there is one thing that is very clear: the
Obama Administration's approach to the Defense of Marriage Act (DOMA) - a
federal law that is being challenged - is unusual and troubling.
After DOMA had been on the books for years, President Obama and Attorney General Holder decided in 2011 that DOMA was unconstitutional. And, while the Obama Administration enforced the measure, it failed to defend it. That's right - the Obama Administration made a determination on which federal laws it will defend - and which it will not.
So, the Attorney General of the United States, who took an oath to faithfully defend our federal laws, failed to do so in the DOMA case. There was no Justice Department representation before the high court defending a measure that President Clinton signed into law in 1996.
In fact, that posturing brought criticism from Justice Antonin Scalia who said the legal system appears to be "living in this brave new world" in which the Justice Department can pick and choose which laws it will defend. "It's only when the president thinks its unconstitutional?" Scalia asked. "Or could the attorney general, or the solicitor general, impose the same determination?"
As I told Megyn Kelly on FOX News today, the Obama Administration acts like our country is a monarchy, instead of a republic.
Veteran attorney Paul Clement, who defended DOMA before the high court, said the executive branch has "vacated the premises" on the case. In fact, instead of defending the federal law, Justice even filed a motion to dismiss the case in a lower court.
The Obama Administration's actions on this issue prompted Justice Anthony Kennedy to note: "That does give you intellectual whiplash."
Jay Sekulow
After DOMA had been on the books for years, President Obama and Attorney General Holder decided in 2011 that DOMA was unconstitutional. And, while the Obama Administration enforced the measure, it failed to defend it. That's right - the Obama Administration made a determination on which federal laws it will defend - and which it will not.
So, the Attorney General of the United States, who took an oath to faithfully defend our federal laws, failed to do so in the DOMA case. There was no Justice Department representation before the high court defending a measure that President Clinton signed into law in 1996.
In fact, that posturing brought criticism from Justice Antonin Scalia who said the legal system appears to be "living in this brave new world" in which the Justice Department can pick and choose which laws it will defend. "It's only when the president thinks its unconstitutional?" Scalia asked. "Or could the attorney general, or the solicitor general, impose the same determination?"
As I told Megyn Kelly on FOX News today, the Obama Administration acts like our country is a monarchy, instead of a republic.
Veteran attorney Paul Clement, who defended DOMA before the high court, said the executive branch has "vacated the premises" on the case. In fact, instead of defending the federal law, Justice even filed a motion to dismiss the case in a lower court.
The Obama Administration's actions on this issue prompted Justice Anthony Kennedy to note: "That does give you intellectual whiplash."
Jay Sekulow
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