I see alot of perplexed people asking: why is it that the President is slow on pushing forward certain things he said he would, and yet as soon as some legal development breaks in his favour, the Department of Justice (DoJ) moves very quickly to appeal them. That doesn’t seem to make sense: why isn’t the DoJ working with the President on this?
The reason for this is succinctly explained in this story, Justice Department to appeal same-sex marriage ruling – CNN. Key quote:
“The Justice Department is defending the statute, as it traditionally does when acts of Congress are challenged,” said Department of Justice spokeswoman Tracy Schmaler. “As a policy matter, the president has made clear that he believes DOMA is discriminatory and should be repealed. The Department of Justice has a longstanding practice of defending federal statutes when they are challenged in court, including by appealing adverse decisions of lower courts.”
It’s up to Congress to change the laws. It’s up to the President to support, oppose, sign or veto said laws. And it’s up the the Department of Justice to enforce them.