January 2, 2013
By Scottie Thomaston
The Bipartisan Legal Advisory Group (BLAG) who is defending Section 3 of the Defense of Marriage Act on behalf of House Republicans, has filed its own petition for certiorari in the Windsor case according to a report by Chris Geidner. Until now, House Republicans had only filed one petition in a DOMA case – asking the Court to review the First Circuit decision striking it down. They have consistently opposed review of the other cases.
But the Supreme Court decided to review the Windsor case, taking up the Justice Department’s petition for review and holding all the other petitions; and in doing so, they added a question of whether the Justice Department’s agreement with the Second Circuit that Section 3 of DOMA is unconstitutional means the Court can’t hear the case. In the new filing, BLAG writes that it’s asking for review now in case the Court decides they can’t decide the merits given the Justice Department’s position.
BLAG writes that everyone wants the Court to resolve the constitutionality of Section 3 of DOMA regardless of their disagreements on the merits.
Briefing in the case is set to begin this month with BLAG’s first brief due January 22, the same day the brief on the jurisdictional and standing issues is due (those will be written by a Court-appointed attorney.)