Quote:
Originally Posted by kittygrrl
I'm not lawyer but it seems logical that if a case has been appealed up to the Supreme Court and there is a question about a law's constitutionality then this is the appropriate venue for this question to be answered..the court has the power to nullify or empower it ie obamacare ..i hope there is a lawyer among us who can answer  |
Thanks for taking the time to respond. I get it that the next step would be to address it in the US Supreme Court after the ruling in the U.S. Court of Appeals. What I don't understand is the second point that the Supreme Court asked Ms. Jackson to argue. I think this is what the question is. "Does the Supreme Court even have jurisdiction to rule on DOMA because of the agreement with the lower court? This is where it gets fuzzy for me. Am I reading the second point correctly? What agreement was made? Is the court implying that DOMA is restricted to the enforcement and interpretation of the Executive Branch only? The article did say something about the US House of Representatives (Congress) taking up the defense of DOMA in the courts and that would come under this second point question too.
Again, thanks for responding to my post.