BuzzFeed Politics
January 25, 2013


The Supreme Court does not have the jurisdiction to hear the challenge to the Defense of Marriage Act that it accepted in December 2012 and the House Republicans who are defending the law do not have constitutional authority to be there, a Harvard Law School professor appointed by the Supreme Court to present those positions argued Thursday evening. Because President Obama and his administration stopped defending DOMA in court challenges in February 2011, the court raised the question of whether there remains an actual case before the court in Edith Windsor's challenge to the 1996 law. In the filing, the professor, Vicki Jackson, argued:
The United States' agreement with the courts below (and with Windsor) deprives this Court of jurisdiction, because the United States suffers no injury sufficient to invoke Article III jurisdiction.