"DOMA's Future if the Court Denies Justiciability"

What would happen then? Well, for one thing, presumably the Second Circuit decision is vacated also. Windsor herself still wins the case, because, with the executive not defending DOMA, and the BLAG lacking standing, she gets a default judgment.

Doubt a complete punt, but that's something. Read whole thing. I think the Administration's position here (enforce/don't defend) is sound (if applied sparingly) and don't see the logic in the courts rejecting the Administration in effect honoring the spirit of Cooper v. Aaron. [Update: OTOH, Prop 8 is more complicated. I lean toward allowing standing, but see here.]