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Supreme Court appoints outside lawyer to argue standing issues in DOMA case

The Supreme Court appoints Vicki Jackson, a Harvard Law School professor, to argue in the Windsor case challenging the constitutionality of DOMA that neither the U.S. Justice Department (which refuses to defend the law) nor the Bipartisan Legal Advisory Group (which House Republicans have tasked with defending the statute) have standing to pursue the appeal with the high court.  The appointment comes in response to a jurisdictional question added by the Court to the order announcing it will hear the case.

In the event that the Supreme Court wishes an argument made that neither of the parties to a specific case agree with, it will appoint outside counsel to represent the position.  According to the argument Jackson will present before the Court in the spring, the Supreme Court would lack jurisdiction to consider the constitutoinality of DOMA on the merits of the Windsor case.

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