Roberts takes SG's office to task over shifting positions

, The National Law Journal


Chief Justice John Roberts Jr. scolded a Justice Department lawyer in open court Tuesday, accusing the solicitor general's office of being less than candid in a brief describing the government's change in position on an issue before the court.

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What's being said

  • Art Leonard

    I see another possibility - signaling about the possible forthcoming S.Ct. consideration of the constitutionality of Section 3 of DOMA, as to which the Justice Department changed sides in Feb. 2011. The JD defended Sec. 3 in the D.Mass, then changed sides after appealing to the 1st Circuit; petition for cert is pending. The JD changed sides in an SDNY case on the issue before answering the complaint; petition for cert is pending from the 2nd Circuit. Both circuits held Sec. 3 unconstitutional, which is the S.G.'s position now in responding to the cert. petitions.

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