Attorney General Loretta Lynch Announces Full Federal Marriage Benefits Nationwide

"Following the Supreme Court’s historic decision in Obergefell that every couple has the same right to participate in the institution of marriage, whether the partners are of the same-sex or opposite sexes, I directed Justice Department staff to work with the agencies to ensure that the ruling be given full effect across the federal government. Thanks to their leadership and the quick work of the Social Security Administration and the Department of Veterans Affairs, today I am proud to announce that the critical programs for veterans and elderly and disabled Americans, which previously could not give effect to the marriages of couples living in states that did not recognize those marriages, will now provide federal recognition for all marriages nationwide. The agencies are currently working towards providing guidance to implement this change in law.

"Just over a year ago, Attorney General Holder announced that agencies across the federal government had implemented the Supreme Court’s Windsor decision by treating married same-sex couples the same as married opposite-sex couples to the greatest extent possible under the law as it then stood. With the Supreme Court’s new ruling that the Constitution requires marriage equality, we have now taken the further step of ensuring that all federal benefits will be available equally to married couples in all 50 states, the District of Columbia and the US Territories. The department will continue to work across the administration to fulfill our commitment to equal treatment for all Americans, including equal access to the benefits of marriage that the Obergefell decision guarantees. - Attorney General Loretta Lynch, via White House press release.

Loretta Lynch Sworn In, Joins Twitter

Attorney General Loretta Lynch: Same-Sex Couples Deserve Marriage Rights Now

"I am committed – as is this department – to ensuring equal dignity and equal treatment for all members of society, regardless of sexual orientation.  As we argued today before the Supreme Court, same-sex couples deserve that treatment now. " - Attorney General Loretta Lynch.

AG Eric Holder Lauds LGBT Triumphs In Goodbye Speech To Justice Department

Attorney General Eric Holder has left the building. But not before a press conference in which he righteously spiked the ball about the LGBT triumphs seen during his tenure. Moments ago the Department Of Justice joined in on Twitter by posting the above photo. Earlier today the DOJ posted the below recap of Holder's life and six years with the Obama administration. When the history books of this time in our movement are written, Eric Holder should have his own chapter. Maybe two.

Senate Finally Confirms Loretta Lynch

SCOTUSblog On The DOJ's Brief

Lyle Denniston writes at SCOTUSblog:

The brief was limited to defending same-sex marriage under an “equal protection” standard, leaving unmentioned the other constitutional argument that some challengers to state bans have made: that marriage is a fundamental right that cannot be closed to such couples, a “due process” argument.

The government’s new filing, signed by U.S. Solicitor General Donald B. Verrilli, Jr., and other Justice Department officials and staff lawyers, sought to persuade the Court to embrace a constitutional test that this administration has been pressing for some time in gay rights cases.

It called for what is known as “heightened scrutiny” — the middle level of three ascending tests for judging claims that laws discriminate on the basis of a forbidden personal trait. The easiest standard to meet is “rational basis,” and the toughest is “strict scrutiny.”

Under the middle level, a law that is challenged as discriminatory can be upheld only if it serves an “important government objective” and its terms are “substantially related” to such a policy goal.

In a series of decisions in recent years that have added to gay rights, the Supreme Court has never specified an explicit standard for use in the field of sexual orientation. At times, it has seemed to adopt something like “rational basis-plus,” but it has never given a specific definition of the test or tests it has used.

Hit the link for more analysis.

DOJ To SCOTUS: Yes On Marriage

Eric Holder's promised brief has arrived. Chris Geidner reports at Buzzfeed:

The United States government on Friday urged the Supreme Court to strike down bans on same-sex couples marriages across the country, concluding, “There is no adequate justification for such a discriminatory and injurious exercise of state power.” Specifically, the Justice Department urges: “The marriage bans challenged in these cases impermissibly exclude lesbian and gay couples from the rights, responsibilities, and status of civil marriage. These facially discriminatory laws impose concrete harms on same-sex couples and send the inescapable message that same-sex couples and their children are second-class families, unworthy of the recognition and benefits that opposite-sex couples take for granted. The bans cannot be reconciled with the fundamental constitutional guarantee of ‘equal protection of the laws.’”

Dig into the brief and pull out your favorite parts.

DOJ To File Multiple Corruption Charges Against Sen. Bob Menendez (D-NJ)

Via USA Today:

The Justice Department is expected to bring criminal charges against Sen. Robert Menendez, D-N.J., involving his relationship with wealthy donor Salomon Melgen and accusations that the senator improperly advocated for the business interests of the Florida eye doctor in return for gifts, according to a person familiar with the matter. The charges are expected within the next few weeks, said the person who is not authorized to comment publicly. Menendez has previously denied wrongdoing. Asked Friday whether he authorized corruption charges against the New Jersey senator, Attorney General Eric Holder said: "I can't comment on that." CNN first reported the development Friday afternoon. News of a federal investigation first surfaced in 2013. In 2012, Melgen gave $700,000 to Democratic senators, including Menendez. Additionally, Menendez received free flights to the Dominican Republic in 2010. Menendez has been accused of assisting Melgen in a dispute the Florida ophthalmologist was engaged in with health care officials in the U.S. regarding Medicare payments, as well as urging Dominican Republic authorities to make good on a contract with a port security company of Melgen's.

Breitbart horcrux Matthew Boyle, whose 2013 claims about Menendez hiring Dominican prostitutes were thoroughly debunked, is taking credit.

Eric Holder On The DOJ's Marriage Brief

"This week, the Justice Department will file a brief setting forth our position that state bans on same-sex marriage violate the fundamental constitutional guarantee of 'equal protection of the laws.' It is clear that the time has come to recognize that gay and lesbian people deserve robust protection from discrimination. Nothing justifies excluding same-sex couples from the institution of marriage. Denying them the right to marry serves only to demean them and their children, to degrade the dignity of their families and to deny them the full, free and equal participation in American life to which every citizen is entitled.

"I am proud to have had the opportunity not only to watch this great national pivot, but to take part in it. In 2011, I recommended to President Obama that the Department of Justice no longer defend the constitutionality of Section 3 of the Defense of Marriage Act, which excluded gay and lesbian couples from federal marriage benefits. In my view, DOMA was indefensible, and the Supreme Court vindicated that position in a landmark decision in 2013. I will always be proud of the role that the Justice Department played in achieving and implementing that victory, which has driven a surge of court decisions securing marriage rights in states from coast to coast." - United States Attorney General Eric Holder, writing for USA Today.

Senate Panel Approves Nomination Of Loretta Lynch As Attorney General

Via the New York Times:

The Senate Judiciary Committee on Thursday approved Loretta E. Lynch to be the next attorney general, sending her nomination to the full Senate for what is likely to be a contentious vote. The panel voted 12 to 8 to advance Ms. Lynch, President Obama’s pick to replace Attorney General Eric H. Holder Jr. as the nation’s top law enforcement official, with all of the votes against her coming from Republicans. The full Senate will most likely vote in the next week or two. While praising Ms. Lynch’s credentials, Republicans made it clear that their objections to her nomination hinged on her belief in the legality of the president’s executive action on immigration, the same issue that has tied up the approval of funding for the Department of Homeland Security.

Republicans voting against: Grassley, Sessions, Cornyn, Lee, Cruz, Vitter, Purdue, Tillis. Republicans voting for: Graham, Flake, Hatch. The Tea People are already calling for the heads of the three "yes" voters.

Sen. Ted Cruz: It Would Be A "Travesty" To Vote For AG Nominee Loretta Lynch

Sen. Lindsey Graham To AG Nominee Loretta Lynch: What's The Difference Between Gay Marriage And Polygamy?

Via Mediaite:

Senator Lindsey Graham (R-SC) got down to the nitty-gritty in the Senate Judiciary confirmation hearings for Attorney General nominee Loretta Lynch, asking Eric Holder’s potential replacement to explicate the constitutional difference between gay marriage and polygamy. “What’s the legal difference between a ban on same-sex marriage being unconstitutional but a ban on polygamy being constitutional? Could you try to articulate how one could be banned under the constitution and the other not?” “Well, senator, I have not been involved in the argument or analysis of the cases that have gone before the Supreme Court,” Lynch replied. “And I’m not comfortable undertaking legal analysis without having had the ability to undertake a review of the relevant facts and the precedent there. So I certainly would not be able to provide you with that analysis at this point in time, but I look forward to continuing the discussions with you.”

The marriage bit is in the final minute of the clip below, but you might be interested in all of Graham's questioning.

Eric Holder: Federal Government Will Back Same-Sex Marriage Plaintiffs At SCOTUS

"After the Justice Department's decision not to defend the constitutionality of Section 3 of the Defense of Marriage Act, the Supreme Court sent a powerful message that Americans in same-sex marriages are entitled to equal protection and equal treatment under the law. This landmark decision marked a historic step toward equality for all American families.

"The Supreme Court has announced that it will soon hear several cases raising core questions concerning the constitutionality of same-sex marriages. As these cases proceed, the Department of Justice will remain committed to ensuring that the benefits of marriage are available as broadly as possible. And we will keep striving to secure equal treatment for all members of society—regardless of sexual orientation.

"As such, we expect to file a ‘friend of the court’ brief in these cases that will urge the Supreme Court to make marriage equality a reality for all Americans. It is time for our nation to take another critical step forward to ensure the fundamental equality of all Americans—no matter who they are, where they come from, or whom they love." - Attorney General Eric Holder, via press release.

Eric Holder To Launch Justice Department Probe Into Death Of Eric Garner

Via The Hill:

Attorney General Eric Holder announced Wednesday night that the federal government is launching a civil rights investigation into the chokehold death of Eric Garner, a black man who was killed by a white police officer in July. A New York grand jury decided earlier in the day that it would not charge the officer. “Our prosecutors will conduct an independent, thorough, fair and expeditious investigation,” the outgoing attorney general said. The Justice Department had been monitoring the case since Garner was killed in July, Holder noted, but waited to initiate a probe until the local investigation concluded. Federal investigators will also review the material used by local law enforcement in the case. Holder said that he had spoken to Garner’s widow, New York Mayor Bill de Blasio, and President Obama about the investigation. A statement from Sen. Chuck Schumer (D-N.Y.) indicated that Loretta Lynch, Obama’s nominee to replace Holder and the U.S. Attorney for the Eastern District of New York, would lead the probe.

Breitbart Headline Of The Day

According to Breitbart, US Attorney General nominee Loretta Lynch should face tough questioning before the Senate over her role in the 1992 Whitewater hearings.

The prosecutor has a long career built of some high profile cases but there is one case Lynch was involved in that few are talking about. Lynch was a part of Bill Clinton's Whitewater probe defense team in 1992. In 1992, the Clintons came under fire for investing in a perennially failing Arkansas real estate company known as Whitewater Development, a venture heavily subsidized by Clinton friend Jim McDougal in an effort to soften the losses the Clintons were experiencing as investors. The probe was widened to look into the failure of the Madison Guaranty Savings and Loan to which it was connected. Eventually the U.S. Securities and Exchange Commission won several convictions handing jail time to the McDougals as well as Arkansas Governor Jim Guy Tucker. The Clintons escaped any convictions in the probe. A New York Times article from March of 1992 reported that Lynch was one of the Clintons' Whitewater defense attorneys as well as a "campaign aide."

Slight problem. As reported today by Media Matters, Breitbart is shrieking about the wrong Loretta Lynch. The Lynch that was part of the Whitewater team is on the left in the photo below. Breitbart's post remains up and the usual screaming from the commenters is taking place. Vote Tea Party!

LIVE VIDEO: Obama Announces AG Pick

Obama To Nominate NYC Prosecutor Loretta Lynch To Replace Holder As AG

Via Reuters:

President Barack Obama will nominate Brooklyn federal prosecutor Loretta Lynch to replace the retiring Eric Holder as U.S. attorney general and if confirmed, she would become the first black woman to serve in the post, the White House said on Friday. The 55-year-old North Carolina native and Harvard-trained lawyer has deep experience in both civil rights and corporate fraud cases. Lynch is known for a low-key personality and stirred little controversy during two tenures as U.S. Attorney for the Eastern District of New York. Her nomination requires Senate confirmation. The Senate twice previously has voted to confirm her to federal prosecutor jobs, the last time in 2010. In a statement, White House spokesman Josh Earnest called Lynch "a strong, independent prosecutor" and said Obama would formally announce her nomination to be the nation's top law enforcement official at an event in the White House Roosevelt Room on Saturday.

The Human Rights Campaign applauds:

Upon news that President Obama will nominate Loretta Lynch to replace outgoing LGBT equality champion Eric Holder as Attorney General of the United States, the Human Rights Campaign (HRC), the nation's largest lesbian, gay, bisexual, and transgender (LGBT) civil rights organization, praised the decision based on her record on civil rights. “Loretta Lynch will have big shoes to fill thanks to the incredible leadership of outgoing Attorney General Eric Holder and his unprecedented commitment to LGBT equality,” said HRC President Chad Griffin. “Based on her strong record on civil and human rights as a U.S. Attorney, we have no doubt she will continue that leadership as Attorney General. We look forward to working with her to ensure equal justice under the law for all LGBT Americans.”

Now comes the screaming from Teabagistan.

Quote Of The Day - Eric Holder

"I expect that the Justice Department will file a brief and the brief will be consistent with the positions that we have taken in the past in support of same-sex marriage. I can't imagine that that would be -- that we would take any other position in -- while this president is in office, and certainly as long as I am attorney general, or anybody who is my successor. [Pete Williams: Is the country ready for that?] Yeah, I think the country is ready for that. I think all the polls certainly show that. The reactions to the continuing number of court cases that have found same-sex marriage to be constitutionally mandated -- the polls have shown that the American people, I think, are prepared to accept that. Now this has been a sea change. This is something that has happened, I think, relatively quickly. Part of it is generational. I talk to my kids, who seem, no problems with this, no issues with this at all. But I think it's more than a generational change. I think that people who know folks who are gay, who are lesbian, and who are their friends, their coworkers, they see the moral side to this. Um, it's a civil-rights issue. From my perspective, it is the civil-rights issue of our day -- gay and lesbian equality." - Attorney General Eric Holder, in an interview with NBC's Pete Williams.

REPORT: Eric Holder To Ask Supreme Court To Legalize Gay Marriage Nationwide

NBC News correspondent Pete Williams reported tonight that Attorney General Eric Holder will ask the Supreme Court to legalize same-sex marriage nationwide. Activists have gotten louder in recent weeks with calls for the Department of Justice to make this move. The Human Rights Campaign reacts via press release:

"Once again, Attorney General Eric Holder and the Obama Administration have stood up for marriage equality at a critical moment," said HRC President Chad Griffin.  "As the nine justices of the U.S. Supreme Court gather on Monday to evaluate several marriage equality cases for full hearing, I hope they consider two facts—that the nation is ready for marriage equality, and that there are painful consequences to inaction. Committed and loving gay and lesbian couples can't afford to wait any longer. It's time to settle this constitutional question, once and for all." On Monday, September 29, the Supreme Court will be considering which cases pending before them will be chosen to hear on appeal.

Included amongst the cases they’ll be considering are marriage equality cases from five states – Utah, Oklahoma, Virginia, Indiana and Wisconsin. Earlier in the year three federal appeals courts upheld lower court decisions that ruled state bans on marriage equality are unconstitutional. We could know soon thereafter whether or not one or more of these cases has be granted certiorari – meaning the Court has taken up the case(s) – though the court could delay making a decision for weeks or even until next term. Recently Justice Ruth Bader Ginsberg told an audience that there is “no rush” to take up a case, especially if the Sixth Circuit Court of Appeals continues the current streak of circuit courts striking down state marriage bans.

John Aravosis at Americablog is suggesting caution until we see exactly what Holder said.

UPDATE: Here's the NBC report.

Sen. Ted Cruz: Hold Off On Eric Holder's Replacement Until New Senate Is Seated

"It is good news that Eric Holder has announced his resignation. Sadly, he has proven to be the most partisan attorney general in our history, repeatedly defying and refusing to enforce the law. It did not have to be this way, but Holder’s leadership has grievously undermined the Department of Justice’s long bipartisan tradition of independence and fidelity to law. To ensure that justice is served and that the Attorney General is not simply replaced with another extreme partisan who will likewise disregard the law, the Senate should wait until the new Congress is sworn in before confirming the next Attorney General. Allowing Democratic senators, many of whom will likely have just been defeated at the polls, to confirm Holder’s successor would be an abuse of power that should not be countenanced." - Sen. Ted Cruz, in a statement published on his website.