New York Law School

Art Leonard Observations

Justice Department Sides With Golinski in Pre-Trial Motions Over DOMA Constitutionality

Posted on: July 4th, 2011 by Art Leonard 2 Comments

How often does the Defendant in pending civil litigation file a brief supporting the Plaintiff

2 Responses

  1. Excellent article Professor Leonard! Thank you for laying it out so clearly.
    How, in your opinion, will the Judge rule on the pending motions?

  2. Art Leonard says:

    I think the motion to allow an appeal and to certify it directly to the 9th Circuit makes eminent sense. The issue is outcome-determinative (in the sense that if DOMA is constitutional the case should be dismissed), and only a legal question is at stake, so there is no need for fact finding. It is likely to be a recurring issue that requires appellate resolution.

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