King & Spaulding Pulls Out

That's the firm roped into defending DOMA for the House Republicans under a shady contract that included a gag order for all employees -- whether they are involved in the case or not -- who might want to engage in anti-DOMA activities.

There's huge outcry from the left on this, and comments from the right, to the effect of "defending an unpopular law is going to have repercussions." In fact, Paul Clement, the partner who would have argued the case, put it this way:

"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. Defending unpopular clients is what lawyers do," Clement wrote to King & Spalding chairman Robert Hays. "I recognized from the outset that this statute implicates very sensitive issues that prompt strong views on both sides. But having undertaken the representation, I believe there is no honorable course for me but to complete it."

Read the full letter at the link.

Let me point out the obvious: No law firm of the stature of King & Spaulding is going to back out of a case because it's unpopular. I'm betting that at least part of the reason is the gag order making it a violation of the terms of the contract for any employee, anywhere, of K&S to engage in any advocacy for repeal of DOMA. My guess, and I admit it's a guess, is that the chairman of K&S heard from some of his partners at length and probably with some degree of heat about how the whole deal stinks. (I say this having heard bits of partners' meetings through closed doors when I worked for a law firm -- and our conference room doors were pretty solid.)

I do wonder why Boehner felt it necessary to write that provision into the contract -- it's certainly not something that K&S came up with, I'd be willing to bet on it. It's beyond overreach, but it's a good indicator of the way the modern Republican party (if you can accept the idea that statement is not an oxymoron) thinks.

The anti-gay right will, of course, make great capital out of this, beating the "evil homosexual activist lobby picking on the civil rights of bigots" drum for all it's worth. I suspect Clement landed W&S in a hot place with its own employees and principals with that contract, but acknowledging that would be inconvenient for the likes of Maggie Gallagher, who would much rather be a very public victim of the people whose lives she's trying to ruin.

I also find it interesting that Clement was able to announce joining a new firm this quickly. Someone had his escape hatch greased and ready. Like maybe he knew this was going to happen.

Or maybe I'm just too cynical.