Tuesday, December 8, 2009

Beginning of the end for DOMA part 2

I previously blogged about a very interesting pair of cases in the Ninth Circuit refusing to apply Federal DOMA. It turns out that the Office of Personnel Management has refused to comply with the order, leading Chief Judge Kozinski to issue the following memorandum decision. Judge Reinhardt issued a similar decision here.

I'm not sure what the Obama administration's motives are here. If this is an attempt to to set up an appeal over federal DOMA, it seems that it would have been better to appeal the case in the first instance rather than just refuse to follow the court's order. I suppose we'll find out within a few days, however. The OPM has until December 18 to file an appeal.

No comments: