House Intervention in DOMA Cases

by Ed Whelan

It ought to be a simple matter for the House of Representatives to retain its own counsel to move to intervene to defend DOMA in the various cases in which it is under attack. Indeed, Attorney General Holder, in his letter to Speaker Boehner, expressly states that DOJ attorneys “will notify the courts of our interest in providing Congress a fair and full opportunity to participate in the litigation in those cases.”

In addition to authorizing intervention in defense of DOMA, I’d recommend that the House make clear that it will act to reduce DOJ appropriations by some healthy multiple of the amount its retained counsel charges. A big whack at Holder’s salary may also be in order.

Bench Memos

NRO’s home for judicial news and analysis.