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Wednesday Afternoon Open Thread

Today has been a mess. Sorry for the lack of posting.I know a lot has been going on today, but I just don't have time to get to anything.

Here's an Open Thread.

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    The Justice Dept will no longer defend DOMA (5.00 / 1) (#2)
    by Peter G on Wed Feb 23, 2011 at 04:30:28 PM EST
    Big news this morning: the DOJ, on orders from the White House, will not defend the constitutionality of the federal Defense of Marriage Act, which treats state-authorized same-sex marriages as nullities under federal law (such as federal tax law).  Comment thread was started on Tuesday Night Open at #45.  Instead, government lawyers will argue that the law is not valid.

    The important parts (none / 0) (#7)
    by jbindc on Thu Feb 24, 2011 at 09:21:36 AM EST
    Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit.   We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation.   I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option.   The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation.  

    Furthermore, pursuant to the President ' s instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President's and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3.  

    And

    Section 3 of DOMA will continue to remain in effect unless Congress repeals it or there is a final judicial finding that strikes it down, and the President has informed me that the Executive Branch will continue to enforce the law.   But while both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this Administration will no longer assert its constitutionality in court.


    Parent
    I am still trying to figure out how (5.00 / 0) (#8)
    by Peter G on Thu Feb 24, 2011 at 07:53:53 PM EST
    an Administration can pledge to continue enforcing a law the constitutionality of which it says it cannot and will not defend.  In other words, everyone's rights will continue to be violated, this policy says, unless the affected individuals go to the effort and expense of suing the government or of risking adverse enforcement action. And the latter part is a bit scary.  Take a same-sex couple, legally married under their state's law.  Instead of filing two separate tax returns, they now decide to file a joint federal income tax return, a privilege available only to married couples (which under DOMA's definition they aren't), and consequently pay less tax.  Can they and will they be penalized 25% of the "underpayment" by the IRS for "willful disregard of rules and regulations"? Prosecuted for willfully filing a "false" return?  Why, if the President and Attorney General say the discrimination is legally indefensible?

    Parent
    Not enough boldness? (none / 0) (#9)
    by jbindc on Fri Feb 25, 2011 at 08:04:19 AM EST
    Good news (none / 0) (#1)
    by mmc9431 on Wed Feb 23, 2011 at 04:17:21 PM EST
    Dept. Attorney General Jeff Cox is now Former Dept. Attorney General Jeff Cox and no longer is part of the Indiana AG's office

    A deputy attorney general in Indiana on Saturday suggested on Twitter to "use live ammunition" against protesters in Madison, Wisconsin. In a back-and-forth with a writer for Mother Jones magazine, he followed up, "You're damned right I advocate deadly force."

    Well, at least Indiana (5.00 / 1) (#3)
    by Towanda on Wed Feb 23, 2011 at 04:53:39 PM EST
    just created a job opening.

    More than can be said about Scooter "I'll Create 250,000 Jobs" Walker in Wisconsin, who just refused even more millions of fed funds that would have created jobs, after he already refused many hundreds of millions of fed funds that would have created jobs.  There are some in Wisconsin who are suggesting that a lot of his chaos-creation lately is to sidetrack the discussion of "where are the jobs?"

    Of course, I'm still waiting for the jobs bill from Obama and Congress -- the direct job-creation bill, not this "trickle-down" economic theory stuff that lets Repub govs grandstand, that lets banks and CEOs use fed funds from our taxes to take yet more bonuses.

    This country is so screwed up, with no surcease in sight.

    Parent

    Trickle down (none / 0) (#4)
    by mmc9431 on Wed Feb 23, 2011 at 04:58:08 PM EST
    Has been a joke since Reagan. I can't believe anyone believes that.

    Just look at the Walmart family. They one of the richest families in the world. How's that trickle doing for their employees?

    Parent

    really great dkos diary on solitary confinement (none / 0) (#5)
    by fiver on Wed Feb 23, 2011 at 07:03:34 PM EST
    Will rising gas/oil prices (none / 0) (#6)
    by nycstray on Wed Feb 23, 2011 at 07:37:02 PM EST
    finally get us a jobs bill?