Since I’m not asleep just now, I might as well point out some right-wing nonsense

Roy Edroso scrutinizes some of the right-wing reactions to the Obama administration deciding not to defend the constitutionality of the Defense of Marriage Act (unsurprisingly, they think it’s horrible, shocking, awful). Of particular interest is this Megan McArdle post quoting another pundit, Orin Kerr.
Kerr’s point: This is exactly the same as when Bush violated the Constitution with all that torture and illegal detention and warrantless spying (“there’s an interesting analytical similarity.”).
McArdle’s point: “I think it would be disastrous on a whole lot of levels if the GOP managed to undo ObamaCare with this sort of thing. But if the precedent stands, I think you can expect them to try it the next time they have the presidency.”
Not to worry, Ms. McArdle. As Talking Points Memo shows, there are already multiple examples of past administrations doing this. And it’s not as if Obama defending this would restrain Republican reactions toward the healthcare bill: As John Yoo and David Addington showed under Bush, precedent is something that binds little people, not Republicans.
As for Kerr, as Lawyers, Guns and Money details, this isn’t even remotely comparable to Bush’s torture, eavesdropping and detention policies. Obama isn’t ignoring the law or claiming the “unitary president’s” power to break it or forcing state governments to recognize each other’s gay marriages. The White House is simply not defending it (though apparently that is highly significant). The arguments of one blogger LGM quotes that not defending the law amounts to tyranny don’t add up to a hill of beans.