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Boehner: Cut DOJ
Funds to Pay for DOMA Defense
Apr 18, 2011
Boehner Says DOJ Funds Should Be Cut To Pay For DOMA Defense; Asks
Leader Pelosi To Join In Supporting Redirection of Funds
Congressman John Boehner (R-West Chester) today sent the following
letter to Democratic Leader Nancy Pelosi (D-CA) regarding the House’s
intent to protect taxpayers from any cost associated with the Obama
administration’s refusal to defend the constitutionality of the Defense
of Marriage Act in court:
April 18, 2011
The Honorable Nancy Pelosi
Democratic Leader
U.S. House of Representatives
H-204, the Capitol
Washington, DC 20515
Dear Leader Pelosi:
Thank you for your letter of March 11, 2011 regarding the Bipartisan
Legal Advisory Group’s (BLAG) decision to defend the constitutionality
of the federal statute, Defense of Marriage Act (DOMA). This
decision was necessitated by the extraordinary announcement by the
current Attorney General, U.S. Department of Justice (DOJ) declining to
defend the constitutionality of Section 3 of that Act.
Had the BLAG not taken this action, the constitutionality of the law
would have been determined by a unilateral action of the
President. By the House taking this action and the steps
necessary to defend the law, the House is ensuring that the courts will
decide DOMA’s constitutionality.
The burden of defending DOMA, and the resulting costs associated with
any litigation that would have otherwise been born by DOJ, has fallen
to the House. Obviously, DOJ’s decision results in DOJ no longer
needing the funds it would have otherwise expended defending the
constitutionality of DOMA. It is my intent that those funds be
diverted to the House for reimbursement of any costs incurred by and
associated with the House, and not DOJ, defending DOMA.
I appreciate that ordinarily DOJ should be in a better position to
defend a federal statute in the Courts, both in terms of resource
allocations and in expertise of personnel. However, by the
President’s action through the Attorney General we have no choice; the
House now faces that additional burden and cost. I would also
point out that the cost associated with DOJ’s decision is exacerbated
by the timing of this decision. Most of these cases are in the
middle of lower court litigation and not ripe for Supreme Court
review. Had the Attorney General waited until the cases were ripe
for certiorari to the Supreme Court, the costs associated with the
House defense would have been exponentially lower.
I would welcome your joining me in support of redirecting those
resources from the DOJ to the House that would otherwise have been
necessary expenses on the Attorney General to defend this federal
statute. In the interim, I have directed House Counsel and House
Administration Committee to assure that sufficient resources and
associated expertise, including outside counsel, are available for
appropriately defending the federal statute that the Attorney General
refuses to defend.
Thank you.
Sincerely,
JOHN A. BOEHNER
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