The U.S. Court of Appeals for the Second Circuit, in an opinion written by a prominent conservative jurist, Chief Judge Dennis Jacobs, just voted to strike down Section 3 of the Defense of Marriage Act (DOMA). The court issued its 2-1 decision just three weeks after hearing oral argument, which is extremely fast for a case of this complexity and importance….
Bipartisan Legal Advisory Group
- 2nd Circuit, Constitutional Law, Federal Judges, Gay, Gay Marriage, Paul Clement, SCOTUS, Supreme Court
- 9th Circuit, Alex Kozinski, Benchslaps, Constitutional Law, Federal Government, Federal Judges, Gay, Gay Marriage, Lesbians, Quote of the Day
At the administrative appeal from the denial of benefits, Chief Judge Kozinski found that the FEHB statute confers on the OPM [Office of Personnel Management] the discretion to extend health benefits to same-sex couples by interpreting the terms “family members” and “member of the family” to set a floor, not a ceiling, to coverage eligibility…. The Court finds this reasoning unpersuasive.
(Context and commentary, after the jump.)