WASHINGTON, D.C. – King & Spalding, the leading law firm that had been contracted by House Republican leaders to defend DOMA at the rate of $520 an hour, have decided to withdraw from the litigation. The firm cited problems with the vetting process applied to the engagement.
Earlier King & Spalding had been criticized by LGBT groups for accepting the commission. Human Rights Campaign President Joe Solmonese had said at the time, “DOMA inflicts a great cost on same-sex couples but now its defense is burdening taxpayers to the tune of $520 per hour. The firm of King & Spalding and their attorney Paul Clement should be ashamed at every penny earned in trying to justify discrimination against American families. Clearly this fee cap is a lowball estimate that hides the true cost of that House’s intervention. But the fact that Speaker Boehner has hired such high-priced attorneys clearly shows he’s willing to pull out all the stops to ensure second-class citizenship for same-sex couples.”
King & Spalding Chairman Robert D. Hays Jr. said in a statement, via Metro Weekly, “Today the firm filed a motion to withdraw from its engagement to represent the Bipartisan Legal Advisory Group of the House of Representatives on the constitutional issues regarding Section III of the 1996 Defense of Marriage Act. Last week we worked diligently through the process required for withdrawal.
“In reviewing this assignment further, I determined that the process used for vetting this engagement was inadequate. Ultimately I am responsible for any mistakes that occurred and apologize for the challenges this may have created.”
In another development, Paul Clement, the former U.S. Solicitor General and King & Spalding partner who was going to lead the DOMA defense, resigned in response to the firm’s withdrawal decision. Clement will continue his representation of the House of Representatives in DOMA litigation from his new company, Bancroft PLLC, a D.C. law firm founded by Georgetown law professor Viet Dinh.
In his resignation letter, Clement stated that he did not have strongly held views on the statute but emphasized the point of defending unpopular decisions. He wrote, “… I resign out of the firmly-held belief that a representation should not be abandoned because the client’s legal position is extremely unpopular in certain quarters.”
On hearing King & Spalding’s decision Solmonese issued the following statement: “King & Spalding has rightly chosen to put principle above politics in dropping its involvement in the defense of this discriminatory and patently unconstitutional law. We are pleased to see the firm has decided to stand on the right side of history and remain true to its core values. Speaker Boehner is likely to pursue continued defense of this odious law. However, law firms that value LGBT equality should remain committed to those values.”
