Judge gives Congress until April 18 to intervene in NY DOMA case

Looks like John Boehner just got his first order from a judge in one of the DOMA cases he’s decided to defend.

Via email, I just got the order in the case brought by attorney Roberta Kaplan on behalf of Edie Windsor:

ORDER that: 1) Congress, should it wish to intervene in this matter, shall do so by April 18, 2011 by motion pursuant to Fed. R. Civ. Pro. 24(a), consistent with 28 U.S.C. §530D; and 2) Counsel for the plaintiff, the Department of Justice, and any Congressional intervenor shall appear on May 9, 2011 at 9:30 am for a conference with the Court to discuss how this case should proceed in light of the President’s decision, as announced by the Attorney General on February 23, 2011, that Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7 as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment. SO ORDERED. (Status Conference set for 5/9/2011 at 09:30 AM before Magistrate Judge James C. Francis) (Signed by Magistrate Judge James C. Francis on 3/15/2011) (lnl)

Boehner’s got a few weeks to hire his lawyers. There are going to be a lot of hours billed — at taxpayer expense — between now and May 9th.

The plaintiff, Edie Windsor, will be appearing at the DOMA repeal press conference on Capitol Hill tomorrow.

And, it doesn’t matter who Boehner hires, Kaplan is going to kick their butts.


On October 27, 2010, Joe was one of five bloggers who interviewed President Obama. Joe is a DC-based political consultant with over twenty-five years of experience at both the state and federal level. Joe has managed political operations and legislative efforts for both candidates and issues-based organizations. For seven years, he was the Director of State Legislation at Handgun Control, Inc. He served as that organization's first Political Director during the 2000 cycle. Joe is a graduate of the University of Maine School of Law. In addition, he has a Masters in Public Administration from Lehigh University and received his B.A. from the University of New Hampshire. Joe also has a fun dog, Petey, a worthy successor to Boomer, who got Joe through eight years of Bush and Cheney. Joe likes to think he is a world class athlete having finished the 2005 Chicago Marathon in the time of 4:10. He has completed six other marathons as well -- and is still determined to break the four hour mark.

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