Windsor v. United States
2011 U.S. Dist. LEXIS 60282
S.D.N.Y.2011Background
- Windsor and Spyer, married in 2007, after a 40-year engagement.
- Spyer died in 2009; New York recognized their marriage, but DOMA barred federal recognition.
- IRS could not apply the federal estate tax marital deduction to Spyer’s estate due to DOMA.
- Windsor filed a Claim for Refund; IRS denied refund on DOMA grounds.
- DOJ halted defending Section 3 of DOMA, proposing to let Congress participate; BLAG sought intervention to defend DOMA.
- Court granted BLAG’s intervention as a party defendant with full rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BLAG may intervene as a party defendant. | N/A | N/A | Intervention granted under Rule 24(a)(2). |
| Whether BLAG has standing to intervene. | N/A | N/A | BLAG has standing to intervene to defend constitutionality. |
| Whether BLAG must file a separate answer; pleading requirements. | N/A | N/A | Waived—BLAG not required to file an answer at this time. |
Key Cases Cited
- INS v. Chadha, 462 U.S. 919 (U.S. 1983) (House proper petitioner after intervention to defend statute)
- Ameron, Inc. v. United States Army Corps of Engineers, 787 F.2d 875 (3d Cir. 1986) (Congress has standing to intervene when executive declines to defend)
- Barnes v. Kline, 759 F.2d 21 (D.C. Cir. 1985) (Congressional intervenor permitted to challenge presidential action)
- Tachiona v. United States, 386 F.3d 205 (2d Cir. 2004) (flexible assessment of intervention factors; adequacy of representation)
- United States v. Lovett, 328 U.S. 303 (U.S. 1946) (Solicitor General authority discussed in intervention context)