DOMA Defense
Feb. 24th, 2011 07:15 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
rhuY'know, as much as I agree that DOMA is unconstitutional, it worries me that the Executive Branch is making that decision. Obama doesn't have the right to a retroactive veto, and I don't think we want to relitigate Marbury v. Madison at this point.
Here's a thought experiment: In 2013, based on the DOMA precedent, newly-inaugurated President Huckabee announces that in his opinion, the Environmental Protection Act is an unconstitutional taking, violating the principle of just compensation for eminent domain and also violating the Interstate Commerce Clause, and that he has instructed the DoJ to not defend it. Two days later, the Koch brothers sue the Federal government....
Here's a thought experiment: In 2013, based on the DOMA precedent, newly-inaugurated President Huckabee announces that in his opinion, the Environmental Protection Act is an unconstitutional taking, violating the principle of just compensation for eminent domain and also violating the Interstate Commerce Clause, and that he has instructed the DoJ to not defend it. Two days later, the Koch brothers sue the Federal government....