Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Sunday, October 21, 2012

What Will The GOP Do Now In Response to the Second Circuit's Ruling?

Gay MarriageAs I have previously discussed, the Obama Administration has refused to defend the Defense of Marriage Act on constitutional grounds, and so the BLAG (Bipartisan Legal Advisory Group) has volunteered to defend DOMA. For the past couple of years, Republican Members of the House of Representatives, including Speaker John Boehner, have hired the Bancroft Law Firm and Paul Clements to represent the interests of the government. While the House Republicans have intervened in a number of cases, the party has lost a total six times, including the recent Windsor decision.

Now, the Republicans in the House of Representatives are set to make a difficult decision. With the Windsor set to possibly go to the Supreme Court within this term, the House must decide if it will retain Bancroft and move forward in defense of DOMA, especially because their contract with the firm was capped at $1.5 million. According to the Legaltimes blog, "house democrats released statistics this week showing that the legal bill - including $750,000 this year - have reached just $50,000 short of that amount as of mid-October." The Republicans have given no indication that they will not continue to defend DOMA.

See Todd Ruger, Crunch Time Coming Up For GOP's DOMA Fight, The BLT: The Blog of LegalTimes, Oct. 19, 2012.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.


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