The Executive Power Grab in the Decision Not to Defend DOMA


From Professor Orin Kerr of George Washington Law, who blogs at the Volokh Conspiracy (one of the top legal blogs):

I can understand the intense political pressure on the Obama Administration not to defend DOMA. Presumably Obama and pretty much every significant lawyer in the Obama Administration opposes DOMA, whether or not they can take that position on the record. For what it’s worth, I oppose it, too. At the same time, I worry that the decision may have serious long-term effects on the role of the executive branch and executive power. In this post, I want to explain my concerns, and then I’ll open it up for reader comments on whether my concerns are justified. [Continue Reading]