Under federal law, whenever the Executive branch declines to defend a law it believes is unconstitutional, the Attorney General must inform Congress of that decision. Congress can then decide whether or not to defend the law. We’re seeing that play out now on DOMA. Now, it’s up to the House to decide what to do. Yesterday, via On Top Magazine, Boehner talked to Christian Broadcasting Network about options on DOMA. Here are some excerpts from CBN:
Speaker John Boehner: “We’ve been researching all the options that are available to us. We’ll be talking to the members in the next few days about that and I expect we’ll have a decision by the end of the week.”
David Brody; “Rick Santorum says that the Speaker of the House should appoint a counsel representing the House of Representatives to take up the case and argue DOMA in federal court. Is that a good idea?”
Speaker John Boehner: “It’s an option being considered.”
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