Corpus ID: 152975337

Enforcing (But Not Defending) 'Unconstitutional' Laws

@article{Huq2012EnforcingN,
  title={Enforcing (But Not Defending) 'Unconstitutional' Laws},
  author={Aziz Huq},
  journal={Virginia Law Review},
  year={2012},
  volume={98},
  pages={1001}
}

Aziz Huq

Published 2012

Sociology

Virginia Law Review

When should the executive decline to defend in court a federal law it has determined to be unconstitutional, yet still enforce that same statute against third parties? The question is prompted by the Obama administration’s decision to enforce, but not defend in federal court, Section 3 of the Defense of Marriage Act (“DOMA”). But the DOMA Section 3 decision is not the first time the executive has bifurcated the enforcement of a statute from its defense before the bench. The practice of… CONTINUE READING

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