Cooper-Harris v. USA: In military servicemember’s challenge to Section 3 of DOMA, House Republicans request hearing via telephone
December 5, 2012
By Scottie Thomaston
Cooper-Harris v. USA is a constitutional challenge to Section 3 of the Defense of Marriage Act brought by a military servicemember who is seeking spousal benefits after receiving a diagnosis of multiple sclerosis; the VA determined that she got MS as a result of her service. There is a hearing scheduled in the case for December 10 on a motion to exclude some expert testimony. The Bipartisan Legal Advisory Group (BLAG) who has stepped in to intervene in defense of the law is requesting permission to appear at the hearing via telephone instead of in person. BLAG cites its desire “[t]o conserve litigation resources” as a reason to be allowed to hold the hearing over the phone. The law offices for Paul Clement and the other attorneys representing BLAG are located in Washington DC, they write, and the hearing is to take place at a federal courtroom in California.
Neither the plaintiffs nor the Justice Department oppose the request.
h/t Kathleen for this filing