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12-307 Brief on the Merits for Respondent Bipartisan Legal Advisory Group of the United States House of Representatives

12-307 Brief on the Merits for Respondent Bipartisan Legal Advisory Group of the United States House of Representatives

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Published by Downing Post News
case filings, and other information pertaining to the Defense of Marriage Act and California’s Proposition 8 cases. Case Filings 12-307 United States v. Edith Schlain Windsor, In Her Capacity as Executor of the Estate of Thea Clara Spyer, et al
case filings, and other information pertaining to the Defense of Marriage Act and California’s Proposition 8 cases. Case Filings 12-307 United States v. Edith Schlain Windsor, In Her Capacity as Executor of the Estate of Thea Clara Spyer, et al

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Categories:Types, Business/Law
Published by: Downing Post News on Feb 24, 2013
Copyright:Attribution Non-commercial

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07/13/2014

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No.
 
12-307
In The
Supreme Court of the United States
 ________________ 
 U
NITED
S
TATES OF
 A 
MERICA 
,
 Petitioner
,v.E
DITH
S
CHLAIN
W
INDSOR
 
 AND
 B
IPARTISAN
L
EGAL
 A 
DVISORY 
G
ROUP OF THE
 U
NITED
S
TATES
H
OUSE OF
R
EPRESENTATIVES
,
Respondents
.
 ________________ 
 
On Writ of Certiorari tothe United States Court of Appealsfor the Second Circuit
 ________________ 
 
BRIEF ON THE MERITS FOR RESPONDENTTHE BIPARTISAN LEGAL ADVISORY GROUPOF THE U.S. HOUSE OF REPRESENTATIVES
 ________________ 
 
ERRY 
W.
 
IRCHER
 
General Counsel
 
W
ILLIAM
P
ITTARD
 
 Deputy General Counsel
 
C
HRISTINE
D
 AVENPORT
 
Senior Assistant Counsel
 
T
ODD
B.
 
T
 ATELMAN
 
M
 ARY 
B
ETH
W
 ALKER
 
E
LENI
M.
 
R
OUMEL
 
 Assistant Counsels
 
O
FFICE OF
G
ENERAL
C
OUNSEL
 
U
NITED
S
TATES
H
OUSE OF
 R
EPRESENTATIVES
 
219 Cannon House Office Bldg.
 
Washington, D.C. 20515
 
(202) 225-9700P
 AUL
D.
 
C
LEMENT
 
Counsel of Record
 
H.
 
C
HRISTOPHER
B
 ARTOLOMUCCI
 
N
ICHOLAS
J.
 
N
ELSON
 
M
ICHAEL
H.
 
M
C
G
INLEY 
 
B
 ANCROFT
PLLC1919 M Street, N.W.Suite 470
 
Washington, D.C. 20036
 
(202) 234-0090
 
pclement@bancroftpllc.com
 
Counsel for Respondent
 
 
QUESTION PRESENTED
Whether Section 3 of the Defense of Marriage Act,1 U.S.C. § 7, violates the equal protection componentof the Due Process Clause of the Fifth Amendment.
 
ii
PARTIES TO THE PROCEEDING
The Bipartisan Legal Advisory Group of the UnitedStates House of Representatives intervened as adefendant in the district court and was an appellantand appellee in the court of appeals.
*
 Edith Schlain Windsor was the plaintiff in thedistrict court and an appellee in the court of appeals.The United States of America was a defendant inthe district court and an appellant and appellee inthe court of appeals.
*
The United States House of Representatives has articulatedits institutional position in litigation matters through a five-member bipartisan leadership group since at least the early1980’s (although the formulation of the group’s name haschanged somewhat over time). Since 1993, the House ruleshave formally acknowledged and referred to the BipartisanLegal Advisory Group, as such, in connection with its functionof providing direction to the Office of the General Counsel.
See,e.g.
, Rule I.11, Rules of the House of Representatives, 103rdCong. (1993); Rule II.8, Rules of the House of Representatives,112th Cong. (2011). While the group seeks consensuswhenever possible, it, like the institution it represents,functions on a majoritarian basis when consensus cannot beachieved. The Bipartisan Legal Advisory Group currently iscomprised of the Honorable John A. Boehner, Speaker of theHouse, the Honorable Eric Cantor, Majority Leader, theHonorable Kevin McCarthy, Majority Whip, the HonorableNancy Pelosi, Democratic Leader, and the Honorable Steny H.Hoyer, Democratic Whip. The Democratic Leader and theDemocratic Whip have declined to support the position takenby the Group on the merits of DOMA Section 3’sconstitutionality in this and other cases.

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