Speaker Boehner has just done two great things: hired Paul Clement to defend the Defense of Marriage Act, and suggested that the litigation be funded by redirecting money from the DOJ.
A month ago Professor Richard Epstein suggested that Obama’s “defense” of DOMA in court was so patently intended to lose the case that “it looks almost like collusive litigation, unless some true defender of DOMA is allowed, as an intervener, to defend the statute on the merits.”
Now, thanks to Speaker Boehner, that “true defender” has stepped forward and we have one of the best lawyers in the country actually trying to defend marriage and DOMA. Our chances of winning this at the Supreme Court just shot way up.
Thanks, President Obama!