U.S. Solicitor General Donald Verrilli has asked the Supreme Court to review the Second Circuit case of United States v. Windsor as the “most appropriate vehicle” for reviewing the constitutionality of DOMA’s ban on federal benefits for same sex couples. In contrast, Republican congressional leadership has urged the Court to only review the First Circuit case of Bipartisan Legal Advisory Group of the House v. Gill.
According to SCOUTSblog:
One reason why the Supreme Court might select the Windsor case for review over the Gill case is that Justice Elena Kagan is expected to disqualify herself from taking part in any action on the Gill case, because she apparently had something to do with it when she was U.S. Solicitor General. The Windsor case developed after she had left that office and became a Justice.
But lawyers for the House GOP leaders have been arguing, in their filings in the Supreme Court, that the Windsor case has procedural problems…
Verrilli countered that the Windsor case “materially strengthens this case as a vehicle for resolving” DOMA’s constitutionality.
For more information, please visit:
Lyle Denniston, U.S. picks a DOMA case, SCOTUSblog (Oct. 26, 2012, 1:44 PM), http://www.scotusblog.com/2012/10/u-s-picks-a-doma-case/
Chris Johnson, DOJ asks Supreme Court to prioritize Windsor’s DOMA challenge, washington blade (Oct. 26, 2012), http://www.washingtonblade.com/2012/10/26/doj-asks-supreme-court-to-prioritize-windsors-doma-challenge/