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House Minority Whip Still Confused On Defending DOMA In Courts

Rep. Kevin McCarthy, Republican Majority Whip, California

The Republican Party has made it clear that the deficit needs to be cut, but they certainly do not seem to be moving towards doing so other than hurting anyone who isn’t part of their favored projects. House Majority Whip Kevin McCarthy of California has made it clear that their priorities have nothing to do with getting people back to work nor in reducing spending. Instead, among their priorities is making sure that a segment of the American population are unable to have equality.

McCarthy stated that, despite the fact that every judge lately to take up ruling on the Defense of Marriage Act has found it unconstitutional, the Republican House leaders have a duty to uphold the current law. HE told reporters that “What transpired for the House to be engaged, it’s not the subject itself, but the idea that the government … can decide, even though something’s law, what to uphold and what not to.”

McCarthy also stated “The rule of law keeps America strong. When you break down the rule of law, you break down society. So the idea that the House defends what becomes law is … very responsible.” He feels that “There can’t be a system where ‘somebody decides, “Well, that’s law, but I just don’t like it.” It doesn’t matter what the issue is. We have a court system. We have a rule of law we go through. And I think you have to go through the system.’”

McCarthy also stated that “I think there’s a responsibility on behalf of Americans to defend the rule of law. We have to go through it. We have a check and balance. We have a system … Otherwise, if that’s the case, what law is really law? It goes to every other subject.”

Except that is what can be done. For more than two hundred years, Presidents have chosen not to defend certain laws when they have been shown to be blatantly unconstitutional. They choose to spend the resources on defending laws where there was some doubt about the constitutionality. Since 2004, there have been only 13 instances of this occurring. In other cases, they have argued the case even as they sided with those who said it was unconstitutional. This almost only ever happens in cases, like with DOMA, where the law is blatantly unconstitutional.

There is nothing in the Constitution that absolutely requires that every law be defended. Perhaps it would be best if the GOP just stopped trying to spin this and say that they have a duty to defend DOMA and explain why they are doing it instead.

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One Response to House Minority Whip Still Confused On Defending DOMA In Courts

  1. Gregory

    August 1, 2012 at 9:03 pm

    In his own words: “We have a court system. We have a rule of law we go through. And I think you have to go through the system.”

    Which is exactly what is happening as court after court is declaring this particular law to be unconstitutional. And this is precisely the role of the courts. They are doing their job.