More on Obama’s DOMA Policy Shift

There’s been a lot of commentary about the Obama Administration’s announcement yesterday that it would no longer defend the constitutionality of the Defense of Marriage Act. If you’re interested in the legal policy issues and implications on this, I highly recommend that you check out the various posts at the Volokh Conspiracy. There have been a number of interesting posts there, and I especially recommend Professr Ilya Somin’s contribution on the issue. I also recommend the posts by Professors Yoo and Epstein at the Ricochet blog. Both Yoo and Epstein conclude, notwithstanding their personal support for same sex marriage, that the Administration is wrong as a matter of law and policy. Finally, Professor Orin Kerr links to a very interesting Federalist Society podcast in which the question of the government’s duty to defend its laws in court is discussed. You can listen to that podcast here.


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