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Boehner: Cut DOJ funds to pay for House DOMA defense
Speaker taps Bush solicitor general to defend law
U.S. House Speaker John Boehner (Blade file photo by Michael Key)
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.
House Minority Leader Nancy Pelosi (Blade file photo by Michael Key)
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.”
Paul Clement (photo courtesy King & Spalding)
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.”
Did you melt like the Wicked Witch of the West this week?
As summer temperatures rise, keeping your home or apartment cool during a heat wave can become both a comfort issue and a financial challenge. One of the most effective ways to keep a home cool is to prevent heat from entering in the first place. Sunlight streaming through windows can significantly raise indoor temperatures. Consider the following solutions:
• Close blinds or curtains during the hottest parts of the day. Blackout curtains or thermal drapes can reduce heat gain by up to 30%.
• Install reflective window films to block UV rays and reduce solar heat without sacrificing natural light.
• Use outdoor shading solutions such as awnings (yes, the ones you removed because they were “dated”) and shutters to limit direct sunlight.
Fans are a cost-effective way to circulate air and create a wind-chill effect that makes rooms feel cooler.
• Ceiling fans should rotate counterclockwise in the summer to push cool air down.
• Box fans or oscillating fans can be placed near windows to pull in cooler evening air or push hot air out.
• Create a cross-breeze by opening windows on opposite sides of your home and positioning fans to direct airflow through the space.
• For an extra cooling effect, place a bowl of ice or a frozen water bottle in front of a fan to circulate chilled air.
To optimize natural ventilation, open windows early in the morning or late in the evening when outdoor temperatures drop. This allows cooler air to flow in and helps ventilate heat that built up during the day.
Appliances and electronics generate a surprising amount of heat. To reduce indoor temperatures:
• Avoid using the oven or stove during the day; opt for no-cook meals, microwave cooking, or grilling outside.
• Run heat-producing appliances like dishwashers and clothes dryers in the early morning or late evening.
• Unplug electronics when not in use, as even standby power can add heat to your space.
• Switching to energy-efficient LED lightbulbs can also reduce ambient heat compared to incandescent lighting.
If you do use an air conditioner, maximize its effectiveness by:
• Setting it to a reasonable temperature—around 76–78°F when you’re home and higher when you’re away.
• Cleaning or replacing filters regularly to maintain airflow and efficiency.
• Sealing gaps around doors and windows to prevent cool air from escaping. (Didn’t we all have a parent who said, “Close the door. You’re letting all the cool out?”)
• Using a programmable thermostat to optimize cooling schedules and reduce energy use.
If it is not cost-prohibitive, adding insulation in attics and walls can greatly reduce heat transfer. Solar panels that reflect heat can also help, as well as offset the cost of their installation. Adding weatherstripping around doors and windows, sealing cracks, and using door sweeps can make a significant difference in keeping heat out and cool air in.
Natural and eco-conscious methods can also help cool your home.
• Snake plants, ferns, or rubber trees can improve air quality and slightly cool the air through transpiration.
• White or reflective roof paint can reduce roof temperatures significantly.
• Cooling mats or bedding can make sleeping more comfortable without cranking up the A/C.
For renters or those who can’t make permanent modifications, there are still plenty of ways to keep cool.
• Use portable fans and A/C units instead of built-in systems, making sure they are the correct size for your space.
• Removable window film or static cling tinting can reflect heat without violating your lease.
• Install tension rod curtains or temporary blackout panels instead of hardware-mounted window coverings.
• Add draft blockers and weatherstripping tape that can be applied and removed without damage.
• Cover floors with light-colored rugs to reflect heat rather than absorb it.
• If allowed, use temporary adhesive hooks to hang reflective materials or light-filtering fabrics over windows.
Even if your space is warm, you can still take steps to help your body stay cool.
• Wear light, breathable fabrics like cotton or linen.
• Stay hydrated and avoid caffeine or alcohol during peak heat hours.
• Take cool showers or use damp cloths on your neck and wrists to bring your body temperature down.
Keeping your home or apartment cool in the summer doesn’t have to be expensive or energy-intensive. With a few adjustments such as blocking sunlight, optimizing airflow, using fans effectively, and making renter-friendly upgrades, you can create a more comfortable indoor environment while keeping energy bills in check.
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 DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.
Real Estate
The world’s on fire and D.C. is on sale (sort of)
Prices are up, but then again, nothing makes sense anymore
ICE is disappearing people, revered government agencies are shuttering, and who knows if we’ll be in World War III next week? But can you believe prices in D.C. are actually still up 6.3% since last year? It doesn’t make sense, and perhaps that does make sense, because nothing seems to make any sense any more.
That said, there are some parts of our market that are truly suffering. The interest rates, which have been up, up, up for about four years now, are the ongoing rain on our market’s military parade. Combine that with 75,000 federal employees taking a buyout nationwide, and DOGE cuts eliminating around 40,000 federal jobs in the District (per estimates by the D.C. CFO), not to mention thousands of other job losses in non-governmental organizations due to funding and program cuts, and you’ve got a case of uncertainty, and downright unaffordability in the pool of otherwise would-be buyers.
This has had a marked impact on properties that starter-home buyers and low- to mid-level employees would otherwise buy, most notably condominium and cooperative apartment units. These properties have already slowed in our market thanks to the profound impact that higher interest rates have had on their monthly carrying costs—pair that with job insecurity, and a lot of condos are proving to be very difficult to sell indeed.
So how is the average sale price up in our market?
The increase is almost entirely due to the resounding strength of the single-family home market, especially in upper Northwest D.C., where it is still quite common to see bidding wars, even on properties pushing past the $3M mark. It seems that buyers in that echelon are less impacted by a few percentage points in the interest rate, and less concerned about their job security. Notably, those buyers are often married with children and have an absolute need for more space, must stay in the area due to one spouse’s job, or the kid’s friend group, regardless of whether the cost of owning is thousands of dollars more per month than it would have been in 2020 or 2021. The continued appreciation in these neighborhoods defies imagination.
So, what to do if you are not one of those lucky enough to be shopping for a $3M home? The short answer: wait. If you want more space, rent your current place out and learn the joys of being a landlord while someone else pays your mortgage. Need the equity from your current home to buy your next place? Get a home equity line of credit, or loan, and pull the equity out of your current place to buy the next one. Or—and I have never recommended this before in 21 years of being a Realtor—rent for a few years. Sure, I’d love to list and sell your condo so you can climb the real estate ladder, but it might just be a waste of time, money or both if you could just ride out this storm and sell in a DOGE-less future.
All this said, there are some condos that seem to be immune from this recent negative news. Anecdotally, it feels like it’s the truly special ones that do just fine no matter the market. Our recent listing in Capitol Hill had a view from every one of its 15 windows of the Supreme Court. Sold in five days with six offers. Another condo was on the top two floors of a townhouse and had the coolest black wood floors that gleamed like a grand piano. Sold in four days at full price.
So, all is not for naught if you have a condo or home in an area that people want to be in, with nice space, light, amenities and a certain je ne sais quois. And, as long as we have a democracy in a few years, my experience says our market will be back, stronger than ever, really soon.
David Bediz is a Realtor and mortgage loan broker for the Bediz Group LLC and Home Starts Here, LLC. Reach him at [email protected].
In this corner, there’s the Genesis QV70, newly updated and full of glitzy gizmos. And in the opposing corner, there’s the Lexus NX, a fan fave known for comfort and reliability.
Both are strong contenders. Both have proven to be equally adept at bobbing and weaving through traffic. And both can go toe to toe with pricier competitors.
And yet, what would happen when they sparred against each other? Here’s your ringside seat to find out.
GENESIS QV70
$50,000
MPG: 22 city/28 highway
0 to 60 mph: 5.9 seconds
Cargo space: 28.9 cu. ft.
PROS: Stylish. Good value. Lots of standard amenities.
CONS: So-so fuel economy. Quirky dash controls.
IN A NUTSHELL: When it comes to speed, the Genesis QV70 is faster on its feet than the Lexus NX. Neither of these crossover SUVs is a lightweight, but the QV70 offers more potent powerplants—including an all-electric version that zips from 0 to 60 mph in just 3.8 seconds. In other words, Porsche Macan S territory.
The two gas-powered options—a four-cylinder turbo and twin-turbo V6—also got my blood pumping. So did the velvetlike suspension mixed with deft handling and stop-on-a-dime braking. But this adrenaline rush comes at a cost: sacrificing fuel economy.
As for the automaker’s design philosophy—“athletic elegance”—it’s on full display here: an oversized grille inspired by the Genesis emblem, the dramatically arcing silhouette, and those distinct quad headlights and taillights. It’s not easy to stand out when 25% of all vehicles sold in the U.S. are compact crossovers, so kudos to the QV70 for being such a head-turner.
The mod-yet-minimalist styling carries over to the cabin, with its high-quality materials: real-wood accents, soft-touch plastics and a tasteful glass shift knob. New this year is a sweeping 27-inch dashboard monitor, which houses the gauge cluster and infotainment touchscreen. Alas, this display is positioned a bit far from the driver (though I must admit reaching for it did help stretch a few tight back muscles).
Instead of being a costly extra, this gigantic monitor comes standard. So do synthetic leathers seats, nine-speaker stereo, smartphone/wireless connectivity, hands-free liftgate, tons of safety gear and more. Options include a panoramic sunroof, three-zone climate control, 16-speaker Bang & Olufsen audio, synthetic suede headliner, sound-reducing rear windows, automated parking and other goodies.
What’s the score so far? Despite some minor quibbles, the Genesis QV70 is a worthy challenger that pulls no punches.
LEXUS NX
$43,000
MPG: 26 city/33 highway
0 to 60 mph: 8.2 seconds
Cargo space: 22.7 cu. ft.
PROS: Fuel efficient. Comfy seats. Rock-solid reliability.
CONS: Pokey base model. Limited rear storage.
IN A NUTSHELL: Sure, the Lexus NX isn’t as speedy as the Genesis QV70. But, as with the tortoise and the hare, sometimes slow and steady wins the race. And really, it’s only the entry-level NX that feels sluggish, such as when trying to quickly merge into freeway traffic.
Other trim levels, including two hybrid options, are just fine. And no matter the engine choice, the counterpunch here is that these vehicles get better gas mileage: 20% higher fuel economy than in either the four-cylinder or V6 in the Genesis. The two NX hybrids are even more green, with the high-end plug-in version able to travel up to 37 miles on electric power alone. One downside: There is no all-electric NX—well, at least not yet.
As with parent-company Toyota, Lexus offers stellar vehicle reliability—often ranked No. 1 in dependability and crash-test surveys year after year. Lexus vehicles generally hold their value better than Genesis, because this newer brand has a shorter history. Lexus also has a larger dealer network, though the number of Genesis dealerships is growing.
But when it comes to cargo space, the NX is about two inches shorter and narrower than the QV70, which has more stowage area. And Genesis handling is sportier, though the Lexus feels sure and well-grounded.
Luxe interior amenities are basically the same in both vehicles. But interior styling in the QV70 is trendy, while the NX is more understated. In other words, a choice between sassy and classy.
This is a very competitive vehicle segment, with Euro models like the Audi Q5, BMW X3 and Mercedes GLC also duking it out in what seems like a clash of the titans.
But as for the Genesis QX70 or Lexus NX, which is the winner? For me, both are real knockouts—so I’d call it a draw.
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