In 2004, the Republican-controlled House passed the so-called Marriage Protection Act to try to prevent federal courts from ruling on challenges to DOMA. They even claimed that the landmark case, Marbury v. Madison, was "wrongly decided."
Their idea, known as "court-stripping," betrays one of the cornerstones of our system of checks and balances: that our judiciary must be independent, free from manipulation by Congress and the president, so that our Constitution and individual rights are always safeguarded. Indeed, defending individual rights and equal protection are core functions of judicial review.
Thursday, March 28, 2013
Pelosi: GOP knew DOMA was unconstitutional in 2004 and tried to put its thumb on judicial scale with the Marriage Protection Act
op-ed in USA today, earlier this week: