Constitutional Law
Mar. 8, 2011
In Ditching Gay Marriage Ban, Obama Reveals Surprising Views on Presidential Power
The Obama administration's decision not to defend the Defense of Marriage Act is indicative of an expansive view of executive authority. By Ben Feuer of Eisenberg & Hancock LLP.
Whatever you think of the merits of President Barack Obama's Feb. 23 order to U.S. Attorney General Eric H. Holder Jr. to cease all legal efforts to defend Section 3 of the Defense of Marriage Act, there can be no dispute that it was a surprisingly forceful assertion of executive authority, one with potentially profound consequences well beyond DOMA's stretch. The move comes with scant precedent - all from Republican administrations - and rai...
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