Windsor v. The United States Of America

Filing 10

NOTICE of Notice to the Court by Defendant the United States of America (with attachments). Document filed by The United States Of America. (Attachments: # 1 Attachment, # 2 Attachment)(Lin, Jean)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

EDITH SCHLAIN WINDSOR, in her
capacity as Executor of the estate of
THEA CLARA SPYER,
Plaintiff,
v.
THE UNITED STATES OF AMERICA,
Defendant.

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Civil Action No. 10-CV-8435 (BSJ)(JCF)
ECF CASE

NOTICE TO THE COURT BY DEFENDANT UNITED STATES OF AMERICA
Defendant United States of America, by its undersigned counsel, hereby notifies the
Court and the parties that the Department of Justice will cease defending the constitutionality of
Section 3 of the Defense of Marriage Act, 1 U.S.C. § 7, for the reasons explained in the attached
letter to the Court from Tony West, Assistant Attorney General for the Civil Division, dated
February 24, 2011. The reasons cited in Assistant Attorney General West’s letter are further
explained in the letter from the Attorney General to The Honorable John A. Boehner, Speaker of
the House, dated February 23, 2011, which is attached thereto. The Attorney General has
informed Members of Congress of this decision pursuant to 28 U.S.C. § 530D(a)(1)(B)(ii), so
that Members who wish to defend Section 3 may pursue that option.

Dated: February 25, 2011

Respectfully submitted,
TONY WEST
Assistant Attorney General
ARTHUR R. GOLDBERG
Assistant Branch Director

/s/ Jean Lin
JEAN LIN (NY Bar No. 4074530)
Senior Counsel
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, DC 20530
E-mail: [e-mail]
Tel: [phone]
Fax: [phone]

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CERTIFICATE OF SERVICE
I hereby certify that on February 25, 2011, I electronically transmitted the foregoing
document to the Clerk of Court using the ECF System for filing and transmittal of a Notice of
Electronic Filing to the following ECF registrants:
Roberta Ann Kaplan
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
212-373-3000
Fax: [phone]
Email: [e-mail]
Alexis Brie Karteron
New York Civil Liberties Union
125 Broad Street, 17th floor
New York, NY 10004
[phone]
Fax: [phone]
Email: [e-mail]
Andrew James Ehrlich
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
[phone]
Fax: [phone]
Email: [e-mail]
Arthur Nelson Eisenberg
New York Civil Liberties Union
125 Broad Street, 19th floor
New York, NY 10004
[phone]
Fax: [phone]
Email: [e-mail]
James Dixon Esseks
American Civil Liberties Union
Lesbian and Gay Rights Project
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125 Broad Street
New York, NY 10004-2400
(212)-549-2623
Fax: [phone]
Email: [e-mail]
Melissa Goodman
American Civil Liberties Union Foundation (NYC)
125 Broad Street
18th Floor
New York, NY 10004
[phone]
Fax: [phone]
Email: [e-mail]
Rose Ann Saxe
American Civil Liberties Union Foundation (NYC)
125 Broad Street
18th Floor
New York, NY 10004
[phone]
Fax: [phone]
Email: [e-mail]

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