House Minority Leader Nancy Pelosi, D-Calif., who predicts that the Supreme Court will invalidate the Defense of Marriage Act (DOMA), told reporters that the questions of the justices led her to believe that DOMA will be struck down.
“On the basis of what I heard, the questions of the justices, the responses of the participants, I’m very optimistic that DOMA will be struck down,” Pelosi said after oral arguments this morning. “It doesn’t seem to have a rational basis, which is one of the criteria,” she added, saying she thought “homosexual marriage” advocates – the term used by the justices, she said — won the argument with respect to equal protection issues.
Pelosi reminded reporters that she correctly predicted that Obamacare would be upheld (although in that case, oral arguments seemed to suggest that the law would be struck down) before taking a shot at Paul Clement, the attorney who argued against Obamacare and now argues in support of DOMA.
“It was interesting to hear Clement, the spokesman for DOMA — what a stale role to play in life,” Pelosi said.