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DOMA and ObamaCare

Orin Kerr raises an interesting point:

If the Obama Administration won’t defend the constitutionality of the Defense of Marriage Act, what are the chances that a future Republican administration would defend the constitutionality of the individual mandate? To my mind, this adds a very interesting wrinkle to the individual mandate litigation (and, more broadly, to the role of the Executive Branch in defending statutes in the future).

View all comments (6) |

Derek Leaberry| 2.23.11 @ 2:59PM

I would guess that Mr. Klein would support President Obama's decision.

ncatty| 2.23.11 @ 4:15PM

Excellent point by Orin Kerr. Thanks for pointing it out.

Alan Brooks| 2.23.11 @ 8:10PM

Why is homosexuality more disgusting than heterosexuality? it is much the same-- boring and tasteless, just like 'culture' as a whole. We are drowning in mediocrity-- so the heterosexual versus homosexual marriage Culture War is nothing but Bread and Circus.

Deborah D | 2.24.11 @ 8:06AM

Kerr does raise an interesting point. So, is Justice only going to defend those laws they like on a partisan basis? If that's the case, we have no laws.

Wayne | 2.24.11 @ 1:11PM

Maybe this is why the Democrats never intend to give up power.

Tory Burch outlet store | 7.29.11 @ 10:20PM

In fact I'm thinking of creating my own one.Google's results pages are simple,
and that's why they work. Simple.So thanks for it

More Blog Posts by Philip Klein

http://spectator.org/blog/2011/02/23/doma-and-obamacare

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