Nancy Pelosi and John Boehner (Kevin Lamarque/Reuters)



Five weeks ago, Leader Nancy Pelosi wrote to Speaker Boehner , asking for the cost to taxpayers of the House's intervention in at least 12 DOMA cases, since GOP leadership has decided to defend the cases in the wake of the Justice Department's decision to stop defending them. Boehner finally wrote back today, asking that she provide her support to the effort (fat chance) but apparently not responding to the requested information: what's this going to cost?

So, she's trying again, with a new letter asking how much it will cost to have former Bush Administration Solicitor General Paul D. Clement on the case, since it was revealed today that he will be taking the case. From the letter:

Dear Mr. Speaker: Thank you for your response earlier today to my letter of March 11, 2011 concerning litigation relating to the Defense of Marriage Act (DOMA). My letter had requested that you provide me with the cost to the House and to taxpayers resulting from the decision of the Republican members of the Bipartisan Legal Advisory Group (BLAG) to hire outside counsel to represent the House in support of the DOMA. You note that President Obama and Attorney General Holder have determined that DOMA is unconstitutional, a conclusion I share, and have declined to engage in further judicial proceedings in defense of the law. As you may know, presidents have acted similarly in the past on at least 50 instances since 1979. Unfortunately, your letter did not respond to the central question in my March 11th letter: the cost to taxpayers of hiring outside legal counsel. Again, I am requesting that you disclose the cost of hiring outside counsel for the 12 cases where DOMA is being challenged.... The House of Representatives need not enter into this lengthy and costly litigation. Contrary to the assertion in your letter, a BLAG determination against House involvement in the litigation—which was the position of Democratic Whip Hoyer and me—would not have allowed the constitutionality of the law to “have been determined by a unilateral action of the President.” As you know, only the courts can determine the constitutionality of a statute passed by the Congress. Thank you again, and I look forward to working together with you on behalf of our country. best regards, NANCY PELOSI

Democratic Leader [emphasis added]

Heh. I like that highlighted civics lesson she provides there at the end. So, Speaker Boehner, how much is this going to cost us?