With the polls turning against him, and the Republican base lacking the enthusiasm needed to maintain Republican control of the house, Speaker John Boehner has made it clear that he will have the House of Representatives legal council file a petition to have the case Massachusetts v. U.S. Department of Health and Human Services argued before the court this fall just before the election. In the legal equivalent of a Hail Mary, Boehner is attempting to have four prior decisions overturned in order to maintain his authority to discriminate against same-sex couples by denying them any federal benefits of wedlock. As one of those decisions was handled by the very strict First Circuit Appellate court, and history demonstrates that the Supreme Court rarely disagrees with this circuit, this is a clear attempt by the Speaker to politicize the debate and attempt to induce excitement into their base using their classic strategy of “God, Gays and Guns.”
The original decision, that the Defense of Marriage Act, was a violation of the Constitution, has been upheld throughout the legal chain that had led it to this point. At all points, the Republicans have been determined to spend vast sums of tax dollars attempting to overturn that decision. By his usurping the traditional legal process, which would have had this appearing before the Supreme Court in 2013, he reveals that the strategy for this is not about defending it at all, it is all about pandering to a select group of the Republican base just before the elections this November.
The Courts decision would not come out until well after the election, by which point Boehner hopes to have secured both houses of Congress as well as to place the parties rubber stamp into the Presidency. At that point they can usurp the courts at their leisure, regardless of the outcome. The naked political posturing displayed by Boehner is beneath the office which he is holding. He should be ashamed of himself, but likely is not.