The United States Supreme Court may not have jurisdiction over the case of Edith Windsor and her challenge to the Defense of Marriage Act. According to professor Vicki Jackson, who was hired to argue the positions regarding jurisdiction, the Court may not be able to hear the case because President Barack Obama decided to stop defending the Defense of Marriage Act in court.
The Harvard Law Professor wrote in her filing that “The United States’ agreement with the courts below (and with Windsor) deprives this Court of jurisdiction, because the United States suffers no injury sufficient to invoke Article III jurisdiction.”
Jackson also wrote regarding the House Bipartisan Legal Advisory Group that “It is the Executive Branch, not Congress, that is obligated to ‘take Care’ that laws are enforced. Moreover, any injury that might arise from nondefense of a law would be to the whole Congress, which one House cannot alone assert.”
The Supreme Court appointed Jackson to argue these positions as part of settling the matter of jurisdiction. The DoJ, BLAG and Windsor will have the ability to respond to the filing ahead of oral arguments.