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It seems, the POTUS has discretion in telling the Justice Department what to pursue:

http://www.huffingtonpost.com/2011/02/23/obama-doma-unconsti...



The DOJ's decision to not prosecute DOMA is actually quite a soupy mess, and much more controversial legally than it was politically.


This happens so rarely that POTUS having done this is itself now becoming a huge political football.




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