Attorney General Holder explained when an Attorney General should not defend a law.
Mr. Holder said when laws touch on core constitutional issues like equal protection, an attorney general should apply the highest level of scrutiny before reaching a decision on whether to defend it. He said the decision should never be political or based on policy objections.
“Engaging in that process and making that determination is something that’s appropriate for an attorney general to do,” Mr. Holder said.
As an example, Mr. Holder cited the landmark Brown v. Board of Education case that forced public school integration in 1954.
“If I were attorney general in Kansas in 1953, I would not have defended a Kansas statute that put in place separate-but-equal facilities,” Mr. Holder said.
Uh-huh. And does this also extend to the Obama Administration’s decision not to enforce laws, such as provisions of Obamacare, the Controlled Substance Act in Colorado and Washington, immigration laws, and, I could go on? Oh, and his decision to not defend DOMA, but continue to enforce it in courts.