1 1/2 Cheers for Obama and Holder

I don’t agree with Barack Obama on pretty much anything. That much is probably clear from most of what I’ve posted here and elsewhere. It is probably also clear that I don’t think very much of Eric Holder’s performance as Attorney General, either. And, to be sure, I have some issues with the Attorney General’s decision, announced yetserday, that the Department of Justice will no longer defend at least a portion of the Defense of Marriage Act (“DOMA”). I largely agree with those who think that the DOJ’s positon is both bad policy and a bad legal decision. I also agree, however, with both Andy McCarthy and Shannen Coffin that it is preferable for the Administration and the DOJ to state plainly what we all know – that they don’t like the statute, and would rather not defend it. It is preferable that the Department not defend the statute than that they make a half assed defense, as they have been doing, or that they forego making the best defense of the statute, as they’ve also done, because they don’t really have their political or policy heart in making the case. Better to cut and run and allow the Supreme Court to appoint Special Counsel to make a proper defense of a duly enacted federal statute. So while I disagree with the policy underlying the decision, at least the administration is finally being honest about its position, and getting out of the way so that the statute may be properly defended.


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