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Pelosi presses GOP on DOMA defense contract

Minority leader asks why Democrats excluded from negotiations

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House Minority Leader Nancy Pelosi (Blade file photo by Michael Key)

House Minority Leader Nancy Pelosi (D-Calif.) on Wednesday stepped up the pressure on Republican leadership to answer questions about cost and transparency over the recently signed contact allowing a private attorney to assist with defending the Defense of Marriage Act in court.

In an April 20 letter to U.S. House Speaker John Boehner (R-Ohio), Pelosi says questions remained unanswered about hiring Paul Clement, an attorney with King & Spalding, to help the House general counsel with defending DOMA in court because Democratic lawmakers weren’t informed of negotiations prior to the contract signing.

“Since Democratic members were excluded from all negotiations, I would appreciate your providing the following information concerning the contract’s transparency, cost, the discount and the restrictions placed upon King and Spalding’s vast lobbying practice,” Pelosi writes.

On Tuesday, the House contract with Clement was made public, revealing that House general counsel Kerry Kircher has hired the private attorney to assist with defending DOMA for a total sum that could reach $500,000 and at a blended rate of $520 an hour.

Among Pelosi’s inquiries is whether King & Spalding won the contract after a bidding process or if the selection of the firm was made as a sole source contract. The Democratic leader also asks how the $520 an hour rate for Clement was determined and the total possible sum of $500,000 for his work.

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 response to the letter, Michael Steel, a Boehner spokesperson, said he hopes Pelosi’s concern over DOMA defense costs means she’ll back the speaker’s call to redirect funds from the Justice Department to Congress to pay for the House defense of DOMA.

“The minority leader’s new-found concern for saving taxpayers money is encouraging,” Steel said. “We hope it means we can count on her support for reducing DOJ’s budget to recoup any costs incurred by the House so that taxpayers will bear no added cost for the administration’s refusal to defend the laws of the United States.”

The full text of letter of the letter follows:

April 20, 2011

The Honorable John A. Boehner
Speaker of the House
H-232, The Capitol
Washington, D.C. 20515

Dear Mr. Speaker:

The release of the contract between the House of Representatives and the law firm of King and Spalding concerning litigation on the Defense of Marriage Act (DOMA) raises many questions.  While the Democratic Members of the Bipartisan Legal Advisory Group (BLAG) opposed the decision of the Republican Members to authorize involvement in the DOMA lawsuits, that opposition in no way diminished the need for normal oversight of the terms of any contract signed by the Republican Leadership obligating the House of Representatives to pay half a million dollars of taxpayer money for private attorneys.  Yet the Democratic representatives on the BLAG, and the Democratic members of the Committee on House Administration, were provided with no information about the contract prior to or, at the time of, its being signed on April 14th. Since Democratic members were excluded from all negotiations, I would appreciate your providing the following information concerning the contract’s transparency, cost, the discount and the restrictions placed upon King and Spalding’s vast lobbying practice:

TRANSPARENCY

Did the BLAG or any House entity issue a call for bids, or was the selection of King and Spalding made as a sole source contract?  Who specifically made the decision to hire this firm, and what criteria were used?  Why was the Democratic membership of the Committee on House Administration not informed of the ongoing negotiations with King and Spalding and provided an opportunity to participate in order to assure a transparent process to prevent taxpayer dollars from being wasted?

COST

How was the $520 dollar an hour “blended rate” for attorneys negotiated, and how was the $500,000 fee established?  Was there a determination that $500,000 would be sufficient to pay for the complete legal representation in the 12 pending cases, and if so, who made that determination and how?  Is $520 an hour the regular rate normally charged by King and Spalding attorneys?  What are the specific hourly rates that will be charged by each of the King and Spalding attorneys listed in section 5 of the contract?  Is it anticipated that King and Spalding will represent the House in all 12 pending DOMA cases from the trial stage through any and all appeals?

DISCOUNT AND ETHICS

The contract states that other fees may be assessed at 75% of the firm’s regular charges.  What “other fees” are contemplated, and how was the 75% rate established?  Is it the standard practice of King and Spalding to give a 25% discount for non-attorney time to all government agencies or does the discount only pertain to the House Republican leadership?  Did the Ethics Committee review the proposed contract discount to ascertain whether it complied with all House ethics rules governing the provision of gratuities to the House by a commercial entity?  If so, please provide the written opinion of the Ethics Committee.

LOBBYING

Please provide a copy of all written restrictions imposed on King and Spalding’s extensive lobbying practice to ensure that no conflicts of interest arise on behalf of its extensive list of corporate clients while that firm is employed by the House.

Thank you for your timely response to this letter and my letter of April 18th.

Best regards,

NANCY PELOSI
Democratic Leader

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

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The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

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