John Yoo endorses Obama's decision not to defend DOMA but uses it as an opportunity to call the left hypocrites:
Here, President Obama is not defending the constitutional prerogatives of the executive against legislative intrusion. He is trying to change the meaning of the Bill of Rights and the Reconstruction Amendments – where the Supreme Court has recently exercised the institutional lead, and some would say (though not me) has the final constitutional say – in its application to individual citizens. Obama's claim of power here pushes executive power very far, and I believe it is justified under the Constitution's original allocation of authority to the President, but it is very different and more expansive than the Bush practice. And the supporters of Obama's declaration should recognize this or remain hypocrites, yet again, on executive power depending on which political party happens to occupy the office.
Sure, secretly authorizing the president to ignore the plain language of the Constitution and the Obama administration deciding, as many administrations have before, that in this one unique and limited circumstance it is unable to defend a federal statute as constitutional is exactly the same thing. If you support one, you have to support the other. QED.
