Living
Boehner: Cut DOJ funds to pay for House DOMA defense
Speaker taps Bush solicitor general to defend law
U.S. House Speaker John Boehner (R-Ohio) on Monday called for redirection of funds from the Justice Department to Congress to pay for defense of the Defense of Marriage Act in court as he made public his decision to hire a U.S. solicitor general from the Bush administration to defend the anti-gay statute.
In a letter dated April 18 to House Minority Leader Nancy Pelosi (D-Calif.), Boehner calls for cutting funds from the Justice Department to provide money to the House general counsel to pay for congressional costs to defend in court DOMA, the 1996 anti-gay law that prohibits federal recognition of same-sex marriage.
On the same day, Boehner’s office announced that Paul Clement, who served as U.S. solicitor general under President George W. Bush, would assist the House general counsel in taking up defense of DOMA against litigation. Clement is now a partner at the D.C.-based office for the firm King & Spalding, where he manages the national appellate practice.
Boehner made the announcements on the deadline day for the House to decide whether or not to intervene in one case challenging DOMA, Windsor v. United States, which was filed by the American Civil Liberties Union and is pending before the U.S. District Court of Southern District of New York. The House general counsel filed a notice of its intent to intervene on Monday.
In his letter to Pelosi, Boehner writes that funds should be redirected from the Obama administration to Congress to pay for expenses that the speaker says would have been more rightfully incurred by the Justice Department.
“Obviously, DOJ’s decision results in DOJ no longer needing the funds it would have otherwise expended defending the constitutionality of DOMA,” Boehner writes. “It is my intent that those funds be diverted to the House for reimbursement of any costs incurred by and associated with the House, and not DOJ, defending DOMA.”
On Feb. 23, U.S. Attorney General Eric Holder notified Congress that President Obama determined DOMA was unconstitutional and that the Justice Department would no longer defend the anti-gay law against litigation in court. Following a 3-2 party-line vote in March by the Bipartisan Legal Advisory Council, Boehner directed the House general counsel to take up defense of DOMA in place of the administration.
In his letter, Boehner writes that the Justice Department would be in a better position to defend DOMA — both in terms of resource allocation and in expertise of personnel — but adds the administration’s decision to drop defense of the anti-gay law leaves Congress no other option but to face “that additional burden and cost.“
“I would also point out that the cost associated with DOJ’s decision is exacerbated by the timing of this decision,” Boehner writes. “Most of these cases are in the middle of lower court litigation and not ripe for Supreme Court review. Had the Attorney General waited until the cases were ripe for certiorari to the Supreme Court, the costs associated with the House defense would have been exponentially lower.”
Obama dropped defense of DOMA in court after litigation against the statute was filed in the U.S. Second Circuit. Since no legal precedent for laws related to sexual orientation exists within this circuit, Obama had the opportunity to examine DOMA with heightened scrutiny, which led to his determination that the anti-gay law was unconstitutional.
Boehner’s letter was in response to a March 11 letter that Pelosi sent to the speaker asking him if he had an estimate for House defense of DOMA and a plan to provide congressional oversight of these expenses. Earlier this month during a news conference, Boehner told the Washington Blade he doesn’t have an estimate on the cost for House defense of DOMA.
In his letter, Boehner asks Pelosi, a sponsor of legislation to repeal DOMA, to join him in backing the redirection of funds from the Justice Department to Congress to defend the anti-gay statute in court.
“I would welcome your joining me in support of redirecting those resources from the DOJ to the House that would otherwise have been necessary expenses on the Attorney General to defend this federal statute,” Boehner writes.
In another letter dated April 18 responding to Boehner, Pelosi writes that the speaker didn’t answer the central question in her initial missive on the total estimated cost for House defense of DOMA.
“Unfortunately, your letter did not respond to the central question in my March 11th letter: the cost to taxpayers of hiring outside legal counsel,” Pelosi writes. “Again, I am requesting that you disclose the cost of hiring outside counsel for the 12 cases where DOMA is being challenged.”
Pelosi also maintains that House defense of DOMA against litigation isn’t required and disputes an assertion from Boehner that administration’s decision amounts to the president unilaterally determining the constitutionality of the anti-gay law.
“As you know, only the courts can determine the constitutionality of a statute passed by the Congress,” Pelosi writes.
Finally, Pelosi takes issue with Boehner’s decision to hire Clement as an attorney in the case and says Democrats weren’t informed about the decision beforehand.
“According to reports, a contract engaging Paul D. Clement to serve as the outside counsel reportedly was forwarded to the Committee on House Administration, although not to the Democratic members or staff of the Committee,” Pelosi writes. “I would like to know when the contract with Mr. Clement was signed, and why a copy was not provided to Democrats on the Committee.”
One LGBT advocate lambasted Boehner for declaring that Congress should defund part of the Justice Department so that House can take up defense of DOMA.
Joe Solmonese, president of the Human Rights Campaign, said Boehner’s decision amounts to a betrayal of House Republicans promise to work to improve the economy if elected to a majority in Congress.
“The House Republican Leadership continues to show that they’re more interested in scoring cheap political points on the backs of same-sex couples than tackling real problems,” Solmonese said. “As Americans across the country continue to struggle, Speaker Boehner’s prescription has been to keep families he doesn’t like from accessing needed protections. To add insult to injury, he’s now signed on to a right-wing plan to cut funding for the Department of Justice.”
Boehner cannot unilaterally redirect congressionally allocated funds from the Justice Department to the House for the purposes of defending DOMA. Both the House and the Senate would have to approve the fund redistribution legislatively through the appropriations process — and such a measure would need Obama’s signature for enactment.
During a news conference Monday, White House Press Secretary Jay Carney said in response to a question from ABC News’ Ann Compton on Boehner’s call to redirect from funds the Justice Department that the administration would work with Congress on the issue.
“I’m not aware of that [letter],” Carney said. “I don’t any comment specifically on funding. I do know that the day that announced that this year. I spoke about it, but we obviously will work with Congress, if Congress so chooses to move forward.”
Pressed further by Compton, Carney deferred comment to the Justice Department. Both the White House and the Justice Department declined to comment further on the development in response to a request by the Blade.
The total amount of funds that Congress could redirect from the Justice Department to the House general counsel as a result of the Obama administration’s decision to no longer defend DOMA in court remains in questions. In testimony March 1 before the House Appropriations Committee, Holder said the funds that the Justice Department would save by not defending DOMA would be insignificant.
“I’m not sure we save any money, frankly.” Holder said. “The people who would be defending the statute, were we to do that, are career employees of the Department of Justice, who will not be spending their time doing that; they will be spending their time doing other things. I’m not sure that I see any savings as a result of the decision that I announced with the president.”
Boehner taps Paul Clement to defend DOMA
In addition to railing against Boehner’s call to defund part of the Justice Department to defend DOMA, LGBT advocates criticized Boehner for hiring Clement as outside counsel to defend the anti-gay law in court as well as the attorney for taking up the speaker’s cause.
According to his bio on King & Spalding’s website, Clement served as the 43rd U.S. solicitor general 2005 to 2008 and argued more than 50 cases before the U.S. Supreme Court. In private practice, Clement has focused on appellate matters, constitutional litigation and strategic counseling.
In September 2009, the Washingtonian reported that Clement was making $5 million at the law firm — while the average salary for other attorneys at the firm made $1.235 million in 2008. D.C. managing partner J. Sedwick Sollers reportedly wouldn’t comment on Clement’s salary.
Clement didn’t respond on short notice to the Blade’s request to comment on why he was interested in defending DOMA or what his legal fees would cost the U.S. government.
Michael Steel, a Boehner spokesperson, confirmed that the speaker had hired Clement to take on defense of DOMA, but didn’t have information the fees for taking him on retainer.
“The costs will be determined by Mr. Clement’s legal strategy,” Steel said. “Earlier today, the Speaker sent a letter to Rep. Pelosi, the Democratic Leader in the House, urging her to work with us to redirect the necessary funds from the Department of Justice — since they have declined to defend the law.”
LGBT advocates had harsh words for both Clement and King & Spalding for facilitating defense of DOMA in court. Solmonese rebuked the firm’s for allowing Clement to defend the ant-gay law as part of his private practice.
“The firm of King & Spalding has brought a shameful stain on its reputation in arguing for discrimination against loving, married couples,” Solmonese said. “No amount taxpayer money they rake in will mitigate this blemish on the King & Spalding name.”
According to HRC, media reports have indicated that Clement’s hourly fees could top $1,000, which could his role in defending DOMA pricey for the U.S. government if the litigation, as expected, takes years to reach the Supreme Court.
James Esseks, director of the ACLU’s lesbian, gay, bisexual transgender and AIDS project, said Boehner’s decision to take on a private attorney to defend DOMA is notable at a time when deficit reduction is a top priority among U.S. leaders.
“It’s striking that Congress has decided at a time of budget cuts that this where they want to spend their money,” Esseks said. “They want to spend taxpayer dollars to try to defend a law that clearly is unconstitutional instead of trying of getting rid of the law, which they can easily do.”
Esseks said he doesn’t have an estimate for how much retaining Clement would cost the U.S government, but — noting his job history and his position at a prestigious law firm — said Clement’s legal fees would be probably be “pretty high.”
But Gary Buseck, legal director for Gay & Lesbian Advocates & Defenders, which has two pending cases challenging DOMA — Gill v. U.S. Office of Personnel Management and Pedersen v. U.S. Office of Personnel Management — had more mild words for Clement.
“Paul Clement is obviously a well-respected attorney,” Buseck said. “We’re happy the House has chosen its counsel so that the DOMA litigation can once again go forward.”
Real Estate
Surviving spring cleaning
Create a space that feels comfortable, welcoming, and easy to maintain
Whether or not you are getting ready to sell your home, spring is finally upon us — you know, the time of year when you can open the windows to a warm breeze and commit to decluttering and thoroughly cleaning your home.
While decluttering, you will be faced with the challenge of what to keep and what to discard. Mysterious items may appear: the missing charger, the set of keys that open nothing, or, with any luck, that one important document you know you put “in a safe place.” The journey often turns into an archaeological dig through the layers of your daily life. Along the way, you will likely encounter objects that have been misplaced or are no longer needed, and you’ll wonder why you kept them in the first place.
The kitchen junk drawer, for example, is a universal catch-all that defies categorization. You might open it looking for a rubber band and instead discover a lone screw of unknown origin, a tube of hardened Super Glue, and at least four pens that no longer work.
Closets offer another layer of surprises, where you can find things that don’t seem to belong at all: cash in a coat pocket, a single glove, a book you meant to read, or a box filled with cables for devices you no longer own.
It’s guaranteed that if you only have one of a pair of something, its mate will appear shortly after you have thrown away the one you had. And, if you were intentionally searching for an item, it will turn up in the last place you look, simply because once you found it, you stopped looking.
Linen closets and bathroom cabinets can also harbor oddities. Now is the time to discard half-used or duplicate products you don’t remember buying, travel-sized toiletries from trips long past, or expired medications.
Under furniture is where things get truly mysterious. Reaching beneath a couch or bed in search of a dropped item often yields a collection of the unexpected: assorted coins, dust-covered pet toys, a missing sock, and perhaps something that makes you pause, like a long-lost piece of jewelry or an object you were convinced had disappeared forever.
Organizing garages and basements takes the experience to another level, where consolidating tools or seasonal decorations stored there can quickly turn into an encounter with objects that defy explanation. Why is there a box of tiles from a renovation that happened a decade ago? Do you really need the instruction manuals for appliances you no longer own? What could possibly be in the box that hasn’t been opened since you moved in?
Even searches within a home office – looking through files, drawers of old electronics, or stacks of paperwork—can yield similarly strange results. I recently found several flash drives with client files from 2014, a cache of notebooks containing names and phone numbers of prospects who left the area 15 years ago, and Turbo Tax installation CDs from as far back as 1997.
If decluttering hasn’t defeated you, then thoroughly cleaning your house may not be as overwhelming as you might think. Breaking it into manageable steps makes the process far simpler and even satisfying. A consistent method is the key to success.
Before you reach for cleaning supplies, take one last walk through each room and gather items that belong elsewhere for return to their proper place. Put away clothing and take out trash. This step instantly makes your home look better and clears the way for more effective cleaning. Working from top to bottom, dust ceiling fans, light fixtures, shelves, and blinds first so that any debris falls to the floor for addressing later. Use a microfiber cloth or handheld Swiffer to trap dust rather than spreading it around. Don’t forget overlooked areas like the tops of door frames, windowsills, and baseboards.
Move on to surfaces. Wipe down countertops and furniture with appropriate cleaners. Squeegee windows to let the sun shine in. Pay special attention to kitchen appliances. Stovetops, microwaves, and refrigerator handles tend to collect grime quickly, as do the tops of upper cabinets. In bathrooms, disinfect sinks, toilets, tubs, and showers.
Lastly, vacuum carpets, rugs, draperies, and upholstered surfaces thoroughly, including along edges and under furniture where dust accumulates. For hard floors, sweep first, then mop using a cleaner suitable for the surface type. This final step pulls the whole cleaning effort together and leaves your home feeling and smelling fresh.
Ultimately, cleaning your house doesn’t have to be a daunting chore. With a clear plan and a little consistency, you can create a space that feels comfortable, welcoming, and easy to maintain – at least until this time next year.
Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
Large SUVs are fine for long-distance travel. But in the city? Not so much.
That’s where subcompacts come in. They fit anywhere. Yet they often remind me of sensible shoes: practical, dependable and kinda dull.
Now, though, more and more small crossovers are starting to channel their inner Christian Louboutin. Stylish. Sassy. And with some swagger to make things interesting.
CHEVROLET TRAX
$22,000
MPG: 28 city/32 highway
0 to 60 mph: 9.1 seconds
Cargo space: 54.1 cu. ft.
PROS: Affordable. Updated. Roomier than expected.
CONS: So-so acceleration. No all-wheel drive. Some road noise.
The Chevrolet Trax has undergone a stunning redo. Longer. Lower. Sharper. And more muscular — especially in sporty trims like the RS, which adds darker accents and a bit of attitude.
It’s like watching an understudy get a breakout moment.
Under the hood sits a three-cylinder turbo. No, that’s not NASCAR material, but it’s perfectly adequate for daily life. Around town, the Trax felt light, easy to maneuver and surprisingly smooth. While I wasn’t going to be chasing lap times like Brad Pitt in “F1,” this pint-sized SUV kept up with traffic comfortably.
Another plus: Chevy re-tuned the suspension. Rough pavement softens. Long drives are relaxed.
Inside, the dashboard is more upscale than the price tag suggests. A large infotainment display dominates the center stack, and wireless smartphone connectivity is standard. Rear passenger room is generous thanks to the longer wheelbase, and cargo space is decent.
Inexpensive, yes. And now stylish enough to earn an ovation.
MAZDA CX-30

$26,000
MPG: 24 city/31 highway
0 to 60 mph: 8.0 seconds
Cargo space: 45.2 cu. ft.
PROS: Sexy exterior. Chic cabin. Sporty handling.
CONS: Limited rear visibility. Smallish cargo area.
Mazda has mastered the art of making affordable cars feel expensive, and the CX-30 might be its best performance yet. Sculpted curves. Dramatic fenders. Rich paint colors that shimmer under sunlight. Park this crossover next to competitors and it looks like it wandered in from a more upscale showroom.
The base four-cylinder engine is lively enough. But the real fun starts with the optional turbo. Press the throttle and the CX-30 surges forward with gusto, whipping you from 0 to 60 mph in as little as 5.9 seconds. Suddenly, merging onto the highway feels less like commuting and more like making an entrance worthy of Lady Gaga.
Handling also shines, with sharp steering, minimal body roll and controlled cornering. To me, the CX-30 is one of the few small rides that genuinely rewards enthusiastic driving.
Inside, the cabin feels premium. Soft-touch materials, elegant stitching and a minimalist dashboard create a refined atmosphere.
There are tradeoffs. Backseat legroom is tighter than some rivals, and outward visibility can feel limited due to the thick roof pillars.
But if you enjoy driving — really enjoy it — the CX-30 stands apart.
VOLVO XC40

$40,000
MPG: 23 city/30 highway
0 to 60 mph: 8.1 seconds
Cargo space: 57.5 cu. ft.
PROS: Euro styling. High-quality materials. Top safety gear.
CONS: Bit jarring over potholes. Average fuel economy.
For a more sophisticated look, there’s the Volvo XC40. Crisp lines. Upright stance. Signature “Thor’s hammer” LED headlights that give the front-end an unmistakable presence.
Under the hood, the XC40 pairs a four-cylinder turbo with standard all-wheel drive. While the XC 40 won’t outrun a true sports car, it moves with purpose. Think quiet confidence — like Jodie Foster in practically all her movies.
The ride balances comfort and composure nicely. Firm enough for zigzagging through congested traffic, but smooth enough to endure long highway drives.
Inside, the cabin is modern, airy and beautifully assembled. Volvo uses soft textiles, brushed metal and minimalist trim pieces to create an upscale aura. The vertically oriented touchscreen integrates Google apps, like Maps and Assistant. Once you get used to it, the system feels intuitive and tech-forward.
Volvo also excels at clever practicality. Door pockets are enormous. There’s even a removable trash bin in the center console.
While the XC40 may cost more than its mainstream rivals, it offers something they can’t quite replicate. Effortless cool.
In September 2024, I wrote about the District’s Lead-Free D.C. initiative, an ambitious effort to remove lead pipes and make drinking water safer for every resident in our city. Since that original article, a number of important developments have taken shape that affect everyone living in the District. Key drivers in the legal landscape surrounding this issue such as disclosure, testing, and infrastructure planning have been sharpened. The city’s sweeping pipe replacement efforts are continuing to evolve against the backdrop of broader federal drinking-water rules and funding changes.
What was once largely public health conversation for the future is now a practical reality for many property owners and renters. The water service line replacement project has moved from planning and is presently underway throughout the city.
Elevated levels of lead in drinking water is a perplexing challenge in many U.S cities. Researchers documented elevated lead levels in D.C.’s water system more than two decades ago, spotlighting how old infrastructure can pose a hidden health risk even in one of America’s wealthiest cities. Local leaders responded with pipe replacement plans that have continued in the years since.
The Lead-Free D.C. initiative remains the central effort to reduce that risk by replacing water supply lines. These are the pipes that carry water to your home or rental property from the street. D.C. Water estimates that tens of thousands of lead or galvanized service lines still exist in the city and must be systematically replaced to eliminate this exposure.
What Has Changed Since September 2024
Over the past 18 months, several shifts have rippled through policy, practice, and the daily experience of both landlords and tenants:
- Local Disclosure and Tenant Rights: The city has strengthened disclosure requirements. Today, property owners are expected to provide clear written disclosures about known lead service lines, any testing that has been done, and records of past replacements. Tenants also have the right to request lead testing of their tap water, and landlords are responsible for ordering and passing along the test kit, and are required by law to share results with tenants when requested.This reflects an ongoing push toward transparency and an informed occupancy.
- Pipeline Replacement Planning: D.C. Water and the District Government are continuing to roll out their block-by-block lead service line replacement work, with construction schedules publicly available through a Lead-Free D.C. construction dashboard. The goal is to remove by 2030 all lead service lines on both the public and private side, though timelines and funding mechanisms are still being refined as the work continues. D.C.’s Lead-Free DC initiative stipulates that DC Water is responsible to replace the public portion of a lead service line at no cost to the property owners. This is the section running from the water main under the street to the property owner’s lot line. When DC Water is already replacing the public side as part of a scheduled infrastructure project, it will also offer to replace the private-side service line (into the building) at no cost to the owner, as long as the owner grants access and signs a right-of-entry agreement. In these cases, DC Water pays the contractor directly, and the entire lead service line is removed in one coordinated effort.
When no public-side project is scheduled, owners may still qualify for full private-side replacement coverage through the District’s Lead Pipe Replacement Assistance Program (LPRAP). If approved, the program covers the cost of replacing the private-side lead pipe, with funds paid directly to the contractor. Property owners are typically responsible for selecting the contractor, coordinating the work, and covering any costs outside the approved scope of work. Funding is subject to availability, and eligible applicants may be placed on a waiting list depending on annual program budgets.
- Implementation Best Practices: To avoid challenges and misunderstandings regarding the responsibilities during such a significant undertaking, fully investigating the program and how it works is a good first start as is regular and clear communications.
It’s helpful for both property owners and residents to have a clear understanding of what D.C. Water and construction crews will be doing during a lead service line replacement and what follow-up work may remain once the project is complete. Like any major infrastructure upgrade, the process can involve temporary water shutoffs, excavation around the building, and some restoration afterward, such as repairing landscaping or sections of sidewalk. While these short-term disruptions can be inconvenient, they’re a normal and necessary part of modernizing the city’s water system and ensuring safer drinking water for the long term.
- Federal Drinking Water Rules: On the national stage, the U.S. Environmental Protection Agency (EPA) finalized in October 2024 the Lead and Copper Rule Improvements (LCRI). The LCRI requires public water systems across the country to inventory and plan to replace lead service lines, and to remove all lead pipes within about a decade. It also strengthens testing, monitoring, and public notification requirements and lowers the action level for lead exposure, building on earlier revisions to the Lead and Copper Rule.
While these federal changes do not rewrite Washington, D.C.’s specific legal requirements for landlords and tenants, they do help shape funding opportunities, compliance expectations, and the broader national push to eliminate lead plumbing, which can affect utilities, state programs, and local infrastructure planning.
Federal drinking water regulations are subject to administrative review, litigation, and potential revisions as presidential administrations change. While the EPA’s 2024 Lead and Copper Rule Improvements remain in effect as of this writing, aspects of implementation, enforcement timelines, or funding mechanisms may evolve through future rulemaking, court decisions, or congressional action. These federal rules do not override Washington, D.C.’s independent authority to adopt and enforce its own public health, housing, and water safety requirements, which continue to govern landlord and tenant obligations within the District regardless of federal regulatory shifts.
What Landlords Should Know
For landlords in D.C., these evolving expectations matter in 3 key ways:
- Disclosure Is Now a Must: You are expected to provide prospective tenants with upfront information about lead service lines, known test results, and replacement history before lease signing. Existing tenants must also be informed if you learn anything new about the plumbing system.
- Testing Should Be Welcomed, Not Avoided: When tenants request a lead water test, you’re now required to provide D.C. Water’s approved kit and cooperate with the process. The test results give both sides clear information about water quality and whether additional remediation is advisable.
- Capital Investment May Be Unavoidable: Even if much of the public-side work is funded by D.C. Water, private-side service line replacement costs and restoration work may still fall to the property owner if the home still has lead service lines. Planning for both the expense and the logistics is key to be able to take advantage of this program being offered to D.C. homeowners.
What This Means for Tenants
For renters, the changes bring clearer rights and fewer unknowns. Tenants no longer have to guess whether lead pipes serve their home; they can request testing, receive timely results, and rely on official disclosures when deciding where to live and how to protect their health.
Transparent communication with the landlord, responsiveness to testing requests, and participation in replacement programs turn regulatory requirements into real-world safeguards. In that way, landlord action directly shapes tenant trust, housing stability, and long-term public health outcomes.
At a moment when the District is investing heavily in its infrastructure, landlords who plan ahead and participate help to ensure that these public resources translate into safer housing, stronger neighborhoods, and a city better equipped for the future.
Why This Still Matters
Lead-free water shouldn’t be a luxury. Continued investment by federal and local governments in Washington, D.C.’s water infrastructure reflects a shared commitment to the city’s long-term health and livability. Modernizing service lines helps ensure that people can raise families here, age in place, and remain part of their communities without the added health concerns associated with lead exposure.
Landlords who take the time now to understand, disclose, and plan for lead service line replacement not only comply with evolving expectations, but they also strengthen the long-term value and marketability of their properties.
Scott Bloom is owner and senior property manager of Columbia Property Management.
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