They said they'd only take actions that can be pointed to in the Constitution.
Now they want to use tax money to hire outside private attorneys to defend DOMA.
Today, the House of Representatives Bipartisan Legal Advisory Group, through Speaker John Boehner (R-Ohio), announced that it would be intervening in cases challenging the Defense of Marriage Act's constitutionality, a move authorized earlier this year by the Republican members of the BLAG. Word then came that former Solicitor General Paul Clement -- the top appellate litigator during part of the George W. Bush administration -- will be serving as the outside counsel to the House BLAG in its DOMA defense, news that preceded a court filing by Clement seeking to allow the BLAG to intervene in a DOMA challenge.
Clement, a partner at King & Spalding (bio), will be defending the 1996 law in the litigation -- which currently entails two federal appellate cases in the U.S. Court of Appeals for the First Circuit and several federal trial court cases at this time.
Boehner discussed how he expected those fees to be paid, writing, "Obviously, DOJ's decision results in DOJ no longer needing the funds it would have otherwise expended defending the constitutionality of DOMA. It is my intent that those funds be diverted to the House for reimbursement of any costs incurred by and associated with the House, and not DOJ, defending DOMA.
http://www.metroweekly.com/poliglot/2011/04/paul-clements-defense-pro-and.html