NOM BLOG

Brian Bolduc on Obama's Hypocrisy on DOMA and SCOTUS Precedent

 

Brian Bolduc writing for National Review Online:

[Last] Monday, President Obama admonished the Supreme Court to uphold his health-care law, lest it overturn the legislation in a fit of “judicial activism.” The president told reporters: “I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”

Last year, however, the president took the “extraordinary step” of declaring “a law that was passed by a strong majority of a democratically elected Congress” unconstitutional. In February 2011, Attorney General Eric Holder sent Speaker ofthe House John Boehner a letter notifying him that the administration would no longer argue in behalf of the Defense of Marriage Act.

On September 21, 1996, President Bill Clinton signed DOMA into law. It passed both houses of Congress by wide margins (342–67 in the House and 85–14 in theSenate) — much wider margins than Obamacare got (219–212 in the House and 60–39 votes in the Senate). The problem, of course, is that the administration disagrees with DOMA: The law enshrines traditional marriage in federal law and allows states to ignore same-sex marriages approved by other states.