In a Constitutional Law Prof Blog post, Distinguished Professor Ruthann Robson highlights the key arguments from yesterday’s U.S. Supreme Court case challenging the constitutionality of the Defense of Marriage Act (DOMA).
Edith Windsor is arguing that DOMA violates the equal protection component of the Fifth Amendment. DOMA is not currently being defended by the Obama administration, but by BLAG, the Bipartisan Legal Advisory Group. Robson writes, “Similar to the Proposition 8 case…the fact that the government is not defending the constitutionality of the law raises questions about the Court’s power under Article III to decide the issues.”
Prof. Robson teaches in the areas of constitutional law, family law, feminist legal theory, and sexuality and the law. She is the author of many articles in such journals as New York Law School Journal of Human Rights, Albany Law Review, Women’s Rights Law Reporter, Hastings Law Journal, Australian Feminist Law Journal, and Yearbook of New Zealand Jurisprudence.