After a campaign by gay rights groups, the law firm representing the Speaker in defending Section III of DOMA in the courts appears to be backing out of the case. Readers know I believe DOMA to be a shameful piece of legislation, and by making invidious, irrational distinctions between equally valid civil marriages in the states, violates the constitution. But I see no reason why the law should not be defended in court by those sincerely believing in it. Someone has to do it, as part of the legal and judicial process. Pressuring law firms not to is, it seems to me, an ugly way to go about making our case.
Everyone deserves a lawyer; and every lawyer deserves to be treated as a professional, not as a partisan. The campaigns to target lawyers for Gitmo detainees, for example, were, to my mind, attacks on the judicial system. Ditto this, to a lesser extent. Why would we not want DOMA to get the best defense and still fail? Isn’t that easily preferable to hounding law firms to drop cases?
The Dish 