Defensive Defenses of Defense of Defense of Marriage Act?

by Ed Whelan

Gee, it’s heartening to see that Attorney General Eric Holder and Justice Elena Kagan have spoken out in defense of Paul Clement’s representation of the House of Representatives in DOMA litigation. It’s only too bad that Holder and Kagan (in her previous capacity as Solicitor General) so irresponsibly failed to carry out their own duties to defend DOMA. (See my recent House testimony on DOMA for my critique of Holder and the Department of Justice under his direction. See here and point 1 here for specifics on Kagan.)

If hypocrisy is the homage that vice pays to virtue, then Holder and Kagan owe Clement even more praise.

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