Earlier this month I reported that the House GOP was planning to ask the Supreme Court to rule on the First Circuit Court of Appeal’s overturn of DOMA’s Section 3. Today they did just that. Chris Geidner reports:
In a filing obtained by Metro Weekly, BLAG asks the Supreme Court, which must agree to consider the case, to take the appeal for three reasons: (1) the constitutionality of DOMA Section 3 is “an issue of great national importance” and raises separation-of-powers questions; (2) the First Circuit decision conflicts with the Supreme Court’s 1972 decision in Baker v. Nelson and other appellate decisions; and (3) the First Circuit “invented a new standard of equal protection review.” In the course of the filing, called a petition for a writ of certiorari, BLAG states that “[t]he executive branch has … abdicated its traditional role of defending the constitutionality of duly-enacted statutes.” BLAG, which voted 3-2 to defend DOMA in court challenges, is made up of House Speaker John Boehner (R-Ohio), Majority Leader Eric Cantor (R-Va.) and Majority Whip Kevin McCarthy (R-Calif.), Minority Leader Nancy Pelosi (D-Calif.) and Minority Whip Steny Hoyer (D-Md.). Pelosi and Hoyer have objected to the filings.
Should the Court agree to take the case, it would be heard in their new term which begins October 1st.