As Republicans in the House of Representatives ramped up to the recent ‘fiscal cliff’ showdown one message front and center was the need for spending cuts. Apparently those cuts do not apply when fighting the Defense of Marriage Act is concerned.
In a recent meeting the House Republican Conference gave the go ahead to the Bipartisan Legal Advisory Group (BLAG -- the House legal team) to continue paying outside counsel to defend DOMA.
According to a report released in October by Democrats on the House Administration Committee, BLAG has already spent more than $1.5 million to defend DOMA after the Obama administration decided to cease defending DOMA after finding it unconstitutional.
Huffington Post obtained a draft of the bill which is expected to pass the House shortly:
(1) CONTINUING AUTHORITY FOR THE BIPARTISAN LEGAL ADVISORY GROUP.
(A) The House authorizes the Bipartisan Legal Advisory Group of the 113th Congress –
(i) to act as successor in interest to the Bipartisan Legal Advisory Group of the 112th Congress with respect to civil actions in which it intervened in the 112th Congress to defend the constitutionality of section 3 of the Defense of Marriage Act (1 U.S.C. 7) or related provisions of titles 10, 31, and 38, United States Code, including in the case of Windsor v. United States, 833 F. Supp.2d 394 (S.D.N.Y. June 6, 2012), aff'd, 699 F.3d 169 (2d Cir. Oct. 18, 2012), cert. granted, No. 12–307 (Dec. 7, 2012), cert. pending No. 12–63 (July 16, 2012) and 12-ll (Dec.___2012);
(ii) to take such steps as may be appropriate to ensure continuation of such civil actions; and
(iii) to intervene in other cases that involve a challenge to the constitutionality of section 3 of the Defense of Marriage Act or related provisions of titles 10, 31, and 38, United States Code.
(B) Pursuant to clause 8 of rule II, the Bipartisan Legal Advisory Group continues to speak for, and articulate the institutional position of, the House in all litigation matters in which it appears, including in Windsor v. United States.
Windsor v. United States was recently added to the list of cases to be brought before the Supreme Court in 2013.
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