Windsor v. The United States Of America

Filing 21

NOTICE of Notice of Intent to File Reply re: 20 Response to Motion,, 12 MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7. MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK __________________________________________ ) EDITH SCHLAIN WINDSOR, in her ) capacity as Executor of the Estate of THEA ) CLARA SPYER, ) ) Plaintiff, ) ) vs. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) Case No. 1:10-cv-8435 (BSJ) (JCF) ECF Case NOTICE OF INTENT TO FILE REPLY On April 18, 2011, the Bipartisan Legal Advisory Group of the U.S. House of Representatives (“House”) moved for leave to intervene as a party defendant in this matter for the limited purpose of defending the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (1996), codified at 1 U.S.C. § 7 (“DOMA”), from attack on the ground that it violates the equal protection component of the Fifth Amendment’s Due Process Clause. See Unopposed Motion of the Bipartisan Legal Advisory Group of the U.S. House of Representatives to Intervene for a Limited Purpose (Apr. 18, 2011) (Doc. 12) (“Motion”). The Motion was triggered by the Attorney General’s February 23, 2011 announcement that the Department of Justice itself would no longer defend the constitutionality of Section III of DOMA. Earlier today, the Department responded to the Motion, questioning the House’s constitutional standing to intervene, and essentially taking the position that the House be treated in this matter in all but name as amicus curiae. See Defendant’s Response to the Motion to Intervene at 2 (May 5, 2011) (Doc. 20) (“Response”). Consistent with Local Rule 6.1(b)(3), the House intends to file a reply to the Response, and will do so on or before Thursday, May 12, 2011. Accordingly, the House respectfully requests the Court refrain from ruling on the Motion until the House has filed its reply. Respectfully submitted, /s/ Paul D. Clement PAUL D. CLEMENT, Esq. H. CHRISTOPHER BARTOLOMUCCI, Esq. CONOR B. DUGAN, Esq. BANCROFT PLLC1 1919 M Street, N.W., Suite 470 Washington, D.C. 20036 202-234-0090 (phone) 202-234-2806 (fax) Counsel for the Bipartisan Legal Advisory Group of the U.S. House of Representatives OF COUNSEL: KERRY W. KIRCHER, General Counsel JOHN D. FILAMOR, Sr. Assistant Counsel CHRISTINE DAVENPORT, Sr. Assistant Counsel KATHERINE E. MCCARRON, Assistant Counsel WILLIAM PITTARD, Assistant Counsel KIRSTEN W. KONAR, Assistant Counsel OFFICE OF GENERAL COUNSEL U.S. House of Representatives 219 Cannon House Office Building 1 Bancroft PLLC has been “specially retained by the Office of General Counsel” of the House to litigate the constitutionality of Section III of DOMA on behalf of the House. Its attorneys are, therefore, “entitled, for the purpose of performing [that] function[], to enter an appearance in any proceeding before any court of the United States . . . without compliance with any requirement for admission to practice before such court . . . .” 2 U.S.C. § 130f(a). 2 Washington, DC 20515 202-225-9700 (phone) 202-226-1360 (fax) May 5, 2011 3 CERTIFICATE OF SERVICE I certify that on May 5, 2011, I served one copy of the foregoing Notice of Intent to File Reply by CM/ECF, by electronic mail (.pdf format), and by first-class mail, postage prepaid, on the following: Roberta A. Kaplan, Esq. Andrew J. Ehrlich, Esq. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY 10019-6064 Alexis Karteron, Esq. Arthur Eisenberg, Esq. NEW YORK CIVIL LIBERTIES UNION FOUNDATION James D. Esseks, Esq. Melissa Goodman, Esq. Rose A. Saxe, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street New York, NY 10004 Jean Lin, Esq. UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION 20 Massachusetts Ave., N.W., 7th Floor Washington, DC 20530 /s/ Kerry W. Kircher Kerry W. Kircher 4