NY Judge Finds Congress Can Intervene in Challenge to DOMA


Via New York Lawyer (subscription required):

A federal magistrate judge has permitted Congress to intervene in a case challenging the Defense of Marriage Act as unconstitutional. Southern District Magistrate Judge James C. Francis issued a 12-page order and memorandum yesterday saying Congress has a right to intervene in Windsor v. United States, 10 Civ. 8435, now that the U.S. Justice Department has said it will no longer argue that the act is constitutional.

Copyright 2011