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SCOTUS Blog Highlights Fordham Law Review Symposium

Submitted by on January 30 – 2013No Comment

As the Defense of Marriage Act proponents and opponents gear up for oral arguments in the Supreme Court (coming in March), academics are evaluating not only the nuance of equal protection, but also the “appropriate role of the three branches of government in enforcing and defending the law.”

SCOTUS Blog posted a brief reflection on Fordham Law Review’s recent symposium, entitled Defense of Marriage Act:  Law, Policy, and the Future of Marriage.

The blog highlighted an argument by Fordham’s own Abner Greene.

In his contribution, Professor Abner Greene observes that the President continues to enforce DOMA, even while refusing to defend it, for the purpose of preserving the issue for judicial review.  Greene contends that such “interpretive schizophrenia” is unnecessary.  Instead, he argues that the President should refuse to enforce laws he will not defend, and that Congress should then have Article III standing to sue the President for his effective “nullification” of their enactments.

Read the full SCOTUS Blog post.