Defense of Marriage Act, ObamaCare and Kagan

By: Curt Levey (Diary)  |  February 23rd at 08:37 PM  | 

President Obama’s decision today to abandon the Defense of Marriage Act (DOMA) is both outrageous—as a matter of Justice Department policy and constitutional law—and a miscalculation that will decreases the chances of ObamaCare being implemented, while potentially increasing calls for Supreme Court Justice Kagan to recuse herself from certain gay rights cases. The President’s refusal to defend DOMA, a federal statute enacted by overwhelming margins | Read More »

Silver Lining in Kagan Confirmation

By: Curt Levey (Diary)  |  August 6th at 06:30 AM  | 

In an op-ed in the Daily Caller, I conclude that [B]elievers in the rule of law have several things to cheer in the Kagan confirmation battle. Republican senators mounted their strongest opposition in more than a century, sending strong signals to the White House about future Supreme Court picks, while teeing up important issues for this fall’s Senate races. The confirmation fight also saw the | Read More »