Gay OPM director says he doesn't have the authority to follow a court order demanding he give a lesbian health benefits

Do you remember how the administration claimed that they simply had to defend DOMA in court in order to uphold the rule of law? Well, now they're refusing to give a lesbian health care benefits in direct violation of the rule of law. So much for that straw man.

This is one of those moments in which we all need to collectively scratch our heads. The openly-gay head of the federal Office of Personnel Management, John Berry, said this weekend that he cannot follow a court order directing him to provide health benefits to the lesbian wife of a federal employee. Why? Because he says that he doesn't have the legal authority to do so.

Neat trick. We should all try that one next time a court orders us to do something. "Sorry, your honor. Rather than appealing your decision, I'm simply going to state publicly that I don't believe I have the legal authority to obey your order."

Fortunately for the rule of law and democracy, it doesn't work that way in America. At least it's not supposed to. Court orders are to be obeyed or appealed, and when you appeal you ask the appellate court to stay the lower court judgment pending appeal (so you don't have to follow the order until the entire case is appealed). And if you can't appeal any longer, then you obey the court's order. What you do not get to do, what no one in America gets to do, is to tell a judge that you're simply not going to obey a court order because you just don't like it.

That's what George Bush used to do.

And George Wallace.