DOMA, ObamaCare and House Republicans
The other day, President Obama announced that he would no longer defend the constitutionality of the Defense of Marriage Act in court. DOMA was, of course, duly enacted by Congress and signed into law by President Clinton, but the current president would rather not defend it from constitutional challenge. In the meantime, another embattled statute comes to mind, similarly enacted and signed into law, but already declared unconstitutional in one federal court. This law—Obamacare—is one the president seems very keen on defending to the utmost.
What can the current Congress do about a president uniquely selective in the laws he will allow DOJ attorneys to defend from constitutional challenge?
My dinner companion last night suggests an answer. Daniel Oliver served in several posts during the Reagan administration, including a stint as Chairman of the Federal Trade Commission. He currently contributes to the American Spectator and is an attorney with a keen sense of leverage. Oliver suggests the following: The House conditions spending any appropriated funds defending ObamaCare on a like defense of other statutes facing legal challenge, notably the Defense of Marriage Act. No DOMA defense, no ObamaCare defense. Sounds fair to me. How about you?
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Aug '10
Re: DOMA, ObamaCare and House Republicans
As becomes clearer all the time,elections have consequences. And the American voters (with the moral support of some foreigners, like this one) will have the chance to make the next one consequential for President Obama.Perhaps that's better than letting a job-for-life majority on the Supreme Court decide the issue. (Or perhaps the President doesn't trust the present Court to do the "right thing"?)
May '10
Re: DOMA, ObamaCare and House Republicans
What's to hold Obama to his end of the bargain once the House signs our money over for Obamacare? He's plainly untrustworthy. Our leverage would have to be continuous to ensure he wouldn't reneg on any deal.
And since when are we considering accepting any part of Obamacare for any reason? Let's not sacrifice one point of law for another.
Oct '10
Re: DOMA, ObamaCare and House Republicans
Well. I really dislike DOMA, but it should be repealed naturally. I agree with John Yoo on this point. My biggest fear is Prop 8 gets struck down before 2012 or 2014, when most likely it will be repealed by popular vote. The one sure way to make permanent enemies is judicial tyranny.
I don't think Obama is actually gay-friendly (if he was, he'd unshackled his party from the bigoted gay left). DADT was a bipartisan thing. I don't like hand-outs, you shouldn't treat adults like little kids, giving them candy so they'll stay quiet.
Nov '10
Re: DOMA, ObamaCare and House Republicans
With all respect to Mr. Oliver, stopping ObamaCare is too important to use as a bargaining chip for DOMA. How about no funds for ObamaCare - period? No conditions -- that's just the way it is. Too extreme?
Re: DOMA, ObamaCare and House Republicans
John, Mr. Oliver is dead set against ObamaCare. The point is that the president should defend all laws, not just those challenged by his political opponents. So, under the circumstances, it seems reasonable for the House to deny authority to spend money to defend ObamaCare unless the funds are also used to defend DOMA.
If the House defunds ObamaCare's defense alone, the media will emphasize the separation-of-powers issue of Congress micro-managing the Executive. However, since the president has moved first, some legislative check seems apropos.
Oct '10
Re: DOMA, ObamaCare and House Republicans
I don't think the republicans should do anything about this DOMA issue, period. If Obama doesn't want to defend DOMA, that's his problem.
Edited on Mar 8, 2011 at 5:00am