How the Separation of Powers Informs the Executive Duty to Defend the Law

Date of Event

10-2-2014

Description

October 2, 2014

"How the Separation of Powers Informs the Executive Duty to Defend the Law"

Case Western Reserve University School of Law

The Sumner Canary Lecture

Speaker: Judge William H. Pryor Jr. United States Court of Appeals, Eleventh Circuit

Do executive branch officials in the federal and state governments have an obligation to defend the law? In 2011 the Justice Department decided that it could no longer defend constitutionality of the federal Defense of Marriage Act (DOMA) in federal court. Since then, several state Attorneys General followed suit, refusing to defend state laws barring the recognition of same-sex marriage. In Ohio, Attorney General Mike DeWine filed a brief opposing the constitutionality of a state campaign law, even as the Attorney General’s office was defending the law in federal court. In this lecture, Judge Pryor will consider the obligation of government officials to defend validly enacted laws in light of established separation of powers principles, drawing on his experience as a state Attorney General, a federal judge, and a law professor.

Lecture Series

Sumner Canary Lecture

Subject Headings

Executive Branch and rule of law; DOMA enforcement; Defense of Marriage Act enforcement

Location

Case Western Reserve University School of Law

Document Type

Video

Share

COinS