Lawyer Appointed by Supremes on Prop.8 Decides The Court Has No Jurisdiction to Decide

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Because the Obama administration is no longer defending the antigay law, the Supreme Court does not have jurisdiction over it, says Vicki C. Jackson. Moreover, Republican congressional leaders have no authority to defend it, she says.

Harvard law professor Vicki C. Jackson

A Harvard law professor has filed a brief with the U.S. Supreme Court arguing that it does not have the jurisdiction to hear a challenge to the Defense of Marriage Act and that the Republican congressional leaders defending the law do not have the authority to do so.

Vicki C. Jackson filed the brief Thursday night. She was appointed by the Supreme Court to present these arguments, “because, presumably, the justices decided they wanted a view outside of the views presented before lower courts on these questions,” BuzzFeed reports. “By the terms of that appointment, then, it was expected that Jackson would be arguing these views.”

The brief

 As we stand now the lawyer appointed by the Supreme Court to help them decide if the court had jurisdiction which is normally done by the opposing side, the State Dept., which is taken the position under President Obama that Prop 8 is unconstitutional and it cannot defend it. The lawyer is decided that the court has no jurisdiction, which if it’s accepted by the court then the last decision on the highest court will stand. This is unchartered territory making history along the way. We will have to wait and see what the Supremes say.

This is breaking now as more details come out adamfoxie* will post them. 

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