1. On February 23, 2011, the Attorney General notified Congress of thePresident’s and his determination that Section 3 of DOMA violates the equal protectioncomponent of the Fifth Amendment as applied to same-sex couples who are legally married under state law. Based on this decision, the President and the Attorney Generaldetermined that “the Department will cease defense of Section 3,” on this basis.Supplemental Excerpts of Record 1020-21. The Department has continued to defendSection 3 of DOMA against other constitutional and statutory challenges.
, D. Ct.Doc. No. 118, Def’s Motion to Dismiss Pl’s 2d Am. Compl. (defending Section 3 againstplaintiff’s statutory claim);
Superseding Brief of the U.S. Dep’t of Health andHuman Servs. at 55-61,
Massachusetts v. HHS
, Nos. 10-2204, 10-2207, 10-2214 (consol.)(1st Cir. Sept. 22, 2011) (defending Section 3 of DOMA against a Tenth Amendmentchallenge).2. In its April 11, 2012 Order, this Court established the following briefing schedule:BLAG shall file its opening brief in no. 12-15388 on or before June 4, 2012;responsive briefs are due July 3, 2012 for plaintiff (answering brief in no.12-15388) and for the other federal defendants (answering brief in no. 12-15388and nominal opening brief in no. 12-15409); on or before July 17, 2012, BLAGmay file a reply brief in no. 12-15388 and answering brief in no. 12-15409 andplaintiff may file an answering brief in no. 12-15409. On or before July 31, 2012,the government may file a reply in appeal no. 12-15409 limited to thejurisdictional issue.Plaintiff and the federal defendants filed their briefs on the same day, July 3, 2012. In
Case: 12-15409 07/31/2012 ID: 8270530 DktEntry: 141 Page: 2 of 5