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DOMA Challenge Raises Tricky Recusal Questions

BY Ginny LaRoe
March 29, 2012

A challenge to the Defense of Marriage Act (DOMA) is now the official property of the Ninth Circuit U.S. Court of Appeals. But the constitutional issues are not all the court must tackle. Because the plaintiff is one of the court's own ' Karen Golinski is a long-time staff attorney seeking federal health benefits for her wife ' the case raises tricky and possibly unprecedented recusal questions.

What to Do

The court is taking steps to wall off Golinski and close colleagues from the appeal. What the judges might do is not clear, and scholars disagree on whether the circuit should wash its hands of the case entirely.

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