Whose Defense is it Anyway? Redefining the Role of the Legislative Branch in the Defense of Federal Statutes

When the Obama Administration announced it would cease defending the Defense of Marriage Act (DOMA) in litigation, it demonstrated the increasing fluidity inherent in the Executive Branch custom of defending federal statutes. After three years of setting aside its opposition to DOMA, the Administration adopted a newfound interpretation of DOMA\u27s Section Three and abruptly abandoned its defense. While the House Bipartisan Leadership Advisory Group eventually undertook the law\u27s defense, it met obstacles in finding a litigant on its behalf. Partisan opposition to the Advisory Group\u27s decision to defend DOMA and a prominent U.S. law firm withdrawing its representation jeopardized the law\u27s defense