Boehner’s Hand-Picked Law Firm To Defend DOMA Quits

John Boehner’s hand-picked law firm, King and Spalding, has just announced they are resigning from the U.S. House of Representatives DOMA defense, stating, they have determined the “process used for vetting this engagement was inadequate.” Boehner, via the Bipartisan Legal Advisory Group (BLAG), promised to defend DOMA, the 1996 Defense of Marriage Act, in court, after President Obama and the Department of Justice announced in February they believed the law to be unconstitutional, and, would follow in the footsteps of other U.S. presidents who have refused to defend laws in court.

The House was to pay King and Spalding, and their top litigator, partner Paul Clement who was to lead the defense, a reported $520 an hour. The House had signed a contract capping initial charges up to $500,000, and allowing for additional charges to be approved.

“Today the firm filed a motion to withdraw from its engagement to represent the Bipartisan Legal Advisory Group of the House of Representatives on the constitutional issues regarding Section III of the 1996 Defense of Marriage Act. Last week we worked diligently through the process required for withdrawal,” said King and Spalding Chairman Robert D. Hays, Jr., via a statement reported by Politico.

“In reviewing this assignment further, I determined that the process used for vetting this engagement was inadequate. Ultimately I am responsible for any mistakes that occurred and apologize for the challenges this may have created.”

The firm was under increasing challenges from gay rights organizations for taking the case, citing its own internal policies in contrast to defending DOMA. Additionally, there was public anger over terms of the contract that stated employees of King and Spalding would not be allowed to personally speak against DOMA, a stipulation that could have led to legal issues for the firm.

DOMA supporters, like Maggie Gallagher of NOM, praised the choice of King and Spalding. Gallagher wrote,

“Paul Clement is one of the ablest litigators in the country, whose seven years acting as solicitor general is the longest period of continuous service since the 19th century. The solicitor general’s job is arguing cases before the U.S. Supreme Court, and Clement has argued more than 50 such cases.

As a friend of mine, himself an able litigator, put it: “He’s the best. Boehner could not have made a better choice.”

And so, thanks to Boehner, Obama’s plan to sabotage DOMA’s defense has backfired.

For the first time since Obama became president, we will have a legal eagle in the courtroom defending DOMA who actually wants to win the case.”