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Plaintiffs oppose BLAG intervention in McLaughlin v. Panetta

May 9, 2012

Plaintiffs’ opposition to BLAG’s motion to intervene in McLaughlin v. Panetta (SLDN case challenging DOMA Sect 3 for military spouses).  Also filed: unopposed motion to file oversized brief.

Twitt

4 Comments Leave a Comment

  • 1. Leo  |  May 9, 2012 at 3:29 pm

    I'm not qualified to evaluate the merits of their arguments, but the fact they weren't even raised in the other DOMA cases makes me highly skeptical.

  • 2. Kathleen  |  May 9, 2012 at 4:54 pm

    If I had to predict, I'd say BLAG will be allowed to intervene. Given the adversarial nature of our legal system, it seems unlikely that the court would not admit the only party willing to vigorously argue the opposing view. But it's possible to grant BLAG permissive intervention, without deciding they have a right to intervene (which is seriously in question).

    All the same, I'm glad plaintiffs have put up this fight. I know some people have preferred to avoid these questions, fearing the case becomes about BLAG's standing rather than the merits of the case. And I can understand that. But BLAG has been more and more aggressive about their position and maybe it's time to get a ruling on these issues.

  • 3. Larry  |  May 9, 2012 at 5:24 pm

    I'm curious about the decision to file the lawsuit in Massachusetts. Doesn't that essentially mean that whatever happens to the other Massachusetts DOMA cases at the 1st circuit will automatically apply? If the Massachusetts cases go well, it speeds things up, but if the Massachusetts cases go against us, it's a double loss. They wouldn't be putting all their eggs in the same basket if they filed instead in an Iowa or Washington DC district court.

  • 4. Kathleen  |  May 9, 2012 at 5:35 pm

    I don't really know what drove the decision to file in Massachusetts. The case does, technically, involve more than just DOMA (i.e., military regs). Maybe hoping to build on the earlier victory? It's an interesting question.

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