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)

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF NEW YORK
__________________________________________
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EDITH SCHLAIN WINDSOR, in her
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capacity as Executor of the Estate of THEA
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CLARA SPYER,
)
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Plaintiff,
)
)
vs.
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THE UNITED STATES OF AMERICA,
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Defendant.
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__________________________________________)

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

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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

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