John Boehner unwittingly paved the way for high court ruling against Defense of Marriage Act
You can file THIS under Poetic Justice:
House Speaker John Boehner spent $3 million of taxpayer money to hire Paul Clement for the Bipartisan Legal Advisory Group (BLAG) to defend the Defense of Marriage Act.
Turns out, that was a pretty good investment for our side. Justice Kennedy, writing for the majority, tells us that once the Justice Department dropped the defense of DOMA, the Court needed someone to step up so they had standing to actually decide the case.
In the case now before the Court the attorneys for BLAG present a substantial argument for the constitutionality of §3 of DOMA. BLAG’s sharp adversarial presentation of the issues satisfies the prudential concerns that otherwise might counsel against hearing an appeal from a decision with which the principal parties agree. Were this Court to hold that prudential rules require it to dismiss the case, and, in consequence, that the Court of Appeals erred in failing to dismiss it as well, extensive litigation would ensue.
If not for Boehner’s intervention, and the $3 million of taxpayer money he decided to pour into this case, the Court might not have even been able to rule on it. So, thanks, John Boehner!