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Motion of the Bipartisan Legal Advisory Group of the U.S. House of Representatives to Intervene for a Limited Purpose

Motion of the Bipartisan Legal Advisory Group of the U.S. House of Representatives to Intervene for a Limited Purpose

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Published by Tom Ciesielka
Filed by the Bipartisan Legal Advisory Group of the U.S. House of Representatives in support of Thomas More Society and Defense of Marriage Act (DOMA)
Filed by the Bipartisan Legal Advisory Group of the U.S. House of Representatives in support of Thomas More Society and Defense of Marriage Act (DOMA)

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Published by: Tom Ciesielka on Nov 08, 2011
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11/08/2011

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 1
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________)COZEN O’CONNOR, P.C., ))Plaintiff, )) No. 2:11-cv-00045v. )) Judge: C. Darnell Jones, IIJENNIFER J. TOBITS,
et al
., ))Defendants. )__________________________________________)
MOTION OF THE BIPARTISAN LEGAL ADVISORY GROUPOF THE U.S. HOUSE OF REPRESENTATIVESTO INTERVENE FOR A LIMITED PURPOSE
Pursuant to Fed. R. Civ. P. 24(a), (b), and 28 U.S.C. §§ 530D(b)(2), and 2403(a), and forthe reasons set forth in the accompanying Memorandum of Points and Authorities, the BipartisanLegal Advisory Group of the U.S. House of Representatives (“House”) respectfully moves forleave to intervene as a defendant in this proceeding for the limited purpose of defending Section3 of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (1996) (“DOMA”),codified at 1 U.S.C. § 7, against contentions that it violates the equal protection and/orsubstantive due process components of the Due Process Clause of the Fifth Amendment (andlitigating related jurisdictional issues, if any).
1
In compliance with Rule 24(c), the Answer of the
1
The House has articulated its institutional position in litigation matters through a five-member bipartisan leadership group since at least the early 1980s. While the group seeksconsensus whenever possible, it functions on a majoritarian basis, like the institution itrepresents, when consensus cannot be achieved. The Group is currently comprised of theHonorable John A. Boehner, Speaker of the House, the Honorable Eric Cantor, Majority Leader,the Honorable Kevin McCarthy, Majority Whip, the Honorable Nancy Pelosi, DemocraticLeader, and the Honorable Steny H. Hoyer, Democratic Whip. The Democratic Leader and theDemocratic Whip decline to support the filing of this motion.
Case 2:11-cv-00045-CDJ Document 58 Filed 11/04/11 Page 1 of 4
 
 2Bipartisan Legal Advisory Group of the U.S. House of Representatives to Cozen O’Connor’sFirst Amended Complaint for Interpleader, which sets out “the claim or defense for whichintervention is sought,” is attached.On October 27, 2011, the Court directed the parties to “submit supplemental briefing on,”among other things, “[w]hether 1 U.S.C. § 7 . . . violates the United States Constitution.” Orderat 2 (Oct. 27, 2011) (ECF No. 55). The parties’ initial supplemental briefs on this issue are dueDecember 2, 2011, and response briefs are due December 21, 2011.
 Id 
. The House is preparedto adhere to that briefing schedule.A proposed Order is submitted herewith and oral argument is not requested.
Conferral with Other Counsel
On October 31, 2011, counsel for the House conferred with counsel for plaintiff CozenO’Connor, P.C., and counsel for defendants David M. and Joan F. Farley, both of whom advisedthat their clients do not oppose this motion.On October 28, 2011, and again on November 2, 2011, counsel for the House askedcounsel for defendant Jennifer J. Tobits whether Ms. Tobits wished to take a position on therelief sought in this motion. On November 4, 2011, Ms. Tobits’s counsel advised us that shewould not take a position at this time.On October 28, 2011, and again on November 2, 2011, counsel for the House asked theattorneys in the Department of Justice responsible for this case whether the Department wishedto take a position on the relief sought in this motion. On November 4, 2011, the Departmentattorneys advised us that the Department would not take a position at this time.Respectfully submitted,
 /s/ H. Christopher Bartolomucci
Paul D. ClementH. Christopher Bartolomucci
Case 2:11-cv-00045-CDJ Document 58 Filed 11/04/11 Page 2 of 4
 
 3Conor B. Dugan
 
Nicholas J. NelsonBANCROFT PLLC
2
 
3
 1919 M Street, N.W., Suite 470Washington, D.C. 20036202/234-0090 (phone)202/234-2806 (fax)
Counsel for Proposed Intervenor the Bipartisan Legal Advisory Group of the U.S. House of  RepresentativesOf Counsel
Kerry W. Kircher, General CounselChristine Davenport, Sr. Assistant CounselKatherine E. McCarron, Assistant CounselWilliam Pittard, Assistant CounselKirsten W. Konar, Assistant CounselOffice of General CounselU.S. House of Representatives
 
219 Cannon House Office BuildingWashington, D.C. 20515202/225-9700 (phone)202/226-1360 (fax)November 4, 2011
2
Bancroft PLLC has been “specially retained by the Office of General Counsel” tolitigate the constitutionality of DOMA Section 3 on behalf of the House. Its attorneys are,therefore, “entitled, for the purpose of performing [that] function[], to enter an appearance in anyproceeding before any court of the United States . . . without compliance with any requirementfor admission to practice before such court . . . .” 2 U.S.C. § 130f(a).
3
Kerry W. Kircher, as the ECF filer of this document, attests that concurrence in thefiling of the document has been obtained from signatory H. Christopher Bartolomucci.
Case 2:11-cv-00045-CDJ Document 58 Filed 11/04/11 Page 3 of 4

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