Ms. DONNA NEWMAN (Padilla's Lawyer): The reason I do not believe that it is moot is because the issue that is pending before the Supreme Court is one of presidential authority--unfettered presidential authority is our position.
The Supreme Court will render such action moot if it strikes down DOMA. And if that happens, many same-sex couples will celebrate, even if it means that some will pay higher taxes.
Richard Durbin, D-Illinois, noted the possibility that an upcoming ruling by the U.S. Supreme Court on the federal Defense of Marriage Act could render the whole issue moot.