Kennedy questioned Solicitor General Paul Clement about the legal safeguards for the trials.
That last is the persuasive contention of Paul Clement, the attorney who argued for the 26 states challenging the law.
Appearing in support of the law, Paul Clement tried to assure the justices that DOMA did not intrude on these prerogatives.
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Mr. PAUL CLEMENT (Solicitor General): I think the Solomon Amendment itself is a recognition that the military is not like any other employer.
Based on the questions posed to Paul Clement, the lead attorney for the state challengers to the individual mandate, it appears that the mandate is in trouble.
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The NFL, led by lawyer Paul Clement, indicated that the collective-bargaining argument is only step one in what he described as a long line of potential defenses.
Both sides filed detailed motions with the court and even argued their case in a pre-trial hearing that featured former U.S. Solicitor General Paul Clement in December.
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Solicitor General Paul Clement got only a few sentences out of his mouth before Justices Scalia and O'Connor bore in, noting that the federal government is asking for special treatment.
Paul Clement, former U.S. solicitor general during the George W. Bush administration, represented the NFL. David Frederick, who has argued a number of Supreme Court cases, spoke for the retired player plaintiffs.
Judge Kaplan did poke holes in some of the arguments made by big shot lawyers like former U.S. Solicitor General Paul Clement on behalf of Campos and Elie at the December pre-trial hearing.
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Chief Justice John Roberts, whose vote is also somewhat unclear, asked several questions that appeared to further the case of the challenger's attorney, Paul Clement, who argued the whole law be struck down.
"The social and political stakes just in this case in particular are quite significant, but even beyond that, there are broader constitutional principles, " said Paul Clement, who will argue against the law before the justices.
After the laughter died down, the Bush administration's chief advocate, Solicitor General Paul Clement, rose to defend the law, observing that candidate Davis's challenge is odd since he has no limits on what he can spend.
But Solicitor General Paul Clement wrote in a brief to the Supreme Court that while the amendment preserved an individual right, he believed the appeals court had been wrong categorically to rule DC's handgun ban unconstitutional.
Paul Clement, the attorney representing the House GOP, suggested that when DOMA was passed "in 1996, something was happening" -- states were considering whether to upset the "traditional" view of marriage and include gay and lesbian couples.
Paul Clement, the high-profile lawyer hired by House Speaker John Boehner and fellow Republican legislators to defend DOMA, suggested the act was passed as a "cautious approach" in response to initial efforts in some states to change state marriage laws to include homosexuals.
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