If there is one person the Obama Administration does not want to mess with, it's Judge Alex Kozinski. You will not win a battle of will or a battle of wits. Yet Obama is waging war against Kozinski. And against gay rights. Oh, yeah.
A month ago, Judge Kozinski issued an order demanding that the Office of Personnel Management, for purposes of federal benefits, recognize same-sex marriage. (Details here.) Yesterday, Obama told Kozinski to kiss off:
With logic only a lawyer -- and perhaps only a government lawyer -- could love, the Obama administration is refusing to obey a federal judge's order that agrees with a position the administration supports.
Today Judge Kozinski responded:
The time for appeal from my orders in this matter, dated January 13, 2009, and November 19, 2009, has expired. My prior orders in this matter are therefore final and preclusive on all issues decided therein as to others who could have, but did not appeal, such as the Office of Personnel Managements ("OPM") and the Administrative Office of United States Courts.
Kozinski is being subtle, and writing something only lawyers can love. In real-life language, Judge Kozinski is making it very clear that denying Ms. Golinski her benefits will be a refusal to obey a federal court order. Shots across the bow.
I authorize Ms. Golinski to take what further action she deems fit against any entity [without awaiting the result of a related appeal not involving OPM].
Kozinski is kindly inviting Ms. Golinski to bring a contempt action against the Obama Administration for refusing to obey a federal court order. This is going to get good.