I can’t wait for the Chief Justice to ask the Solicitor General why he is appealing a judgment he agrees with based on a law he thinks is unconstitutional

December 7th, 2012

The colloquy will go something like this:

Chief Justice Roberts: So let me get this straight. You think DOMA is unconstitutional, but because it is still on the books, the government has an obligation to defend it, even though you are not defending it.

Solicitor General: Gulp (reaches for glass of water).

That’ll be fun.