The federal government is not a party to the Proposition 8 litigation, but the Justice Department could weigh in as amicus curiae -- either when the case arrives at the U.S. Supreme Court or, sooner, before the 9th Circuit. Such a decision would typically be up to Acting Solicitor General Neal Katyal with input from across the federal government, including the White House. The issue adds further significance to the closely watched court case and raises difficult political questions for the Obama administration.
Will Solicitor General Weigh In on Proposition 8 Case?
The National Law Journal
August 25, 2010