John Boehner has apparently decided that it’s pointless to continue defending the constitutionality of the Defense of Marriage Act. Thus, the Bipartisan Legal Advisory Group has begun to file motions withdrawing from those DOMA cases that remain in the courts. In one:
The Supreme Court recently resolved the issue of DOMA Section 3’s constitutionality. The Windsor decision necessarily resolves the issue of DOMA Section 3’s constitutionality in this case. While the question of whether 38 U.S.C. § 101(3), (31) is constitutional remains open, the House has determined, in light of the Supreme Court’s opinion in Windsor, that it no longer will defend that statute. Accordingly, the House now seeks leave to withdraw as a party defendant.