Next Wednesday at 10am, a three judge panel in the First Circuit Court of Appeals will begin to hear arguments on the Defense of Marriage Act. This will be the first time that an appellate court has had to consider the constitutionality of the law. The court will be hearing arguments for one hour because they are hearing two cases instead of one. They will be hearing arguments in Gill v Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health & Human Services.
The three-judge panel will be made up of Chief Judge Sandra Lynch as well as Judges Juan Torruella and Michael Boudin. Lynch was appointed by a Democrat, former President Bill Clinton, while Torruella was appointed by former President Ronald Reagan and Boudin was appointed by former President George H.W. Bush.
Of course, both cases will be defended by former George W. Bush Solicitor General Paul Clement. The defense of the law will be funded with money waylayed for it by House Speaker John Beohner. So far, Boehner has diverted about $1.5 million to defend DOMA and hire Clement. The Justice Department dropped the defense of DOMA last year.