Certainly, it was to be expected. With the Defense of Marriage Act one of the more high-profile and controversial matters the Supreme Court might be enlisted to rule on, it’s no surprise that DOMA entered Sonia Sotomayor’s Supreme Court confirmation hearings, via a question from Sen. Chuck Grassley (R-Iowa) yesterday. Metro Weekly offers a transcript and video of the exchange.
As Hillary Sorin noted in her San Francisco Chronicle politics blog last week, the cracks in DOMA are widening, in part due to Massachusetts’s bold decision to sue the United States over DOMA. Whether or not this will expose DOMA as unconstitutional remains to be seen, but a number of legal and political observers in the media, including Wall Street Journal Law Blog and Politico’s Ben Smith, are taking notice and are intrigued by the possibilities. Those on both side of the issue seem aware of the possibility that a confirmed Justice Sotomayor might be one of nine people with a critical role in determining DOMA’s fate in the not-so-distant future.