In the mid-1970s Speaker Tip O'Neil authorized it to handle constitutional questions, though it remained under the supervision of the House Clerk.
[3] On January 5, 1993, the Democratic-majority House adopted a rule creating the Office of General Counsel under the control of the Speaker "who shall consult with a Bipartisan Legal Advisory Group which shall include the majority and minority leaderships.
[2][10] In 2011, when President Barack Obama announced that the U.S. Department of Justice (DOJ) would no longer defend the constitutionality of Section 3 of the Defense of Marriage Act (DOMA), House Speaker John Boehner convened BLAG to authorize the House Office of General Counsel or other outside attorneys to take the place of the DOJ in defending the law.
[13] In Golinski and a series of lawsuits challenging DOMA, BLAG's role has not been limited to filing amicus briefs.
[19][20] Article III of the U.S. Constitution restricts the judiciary to hearing cases and controversies, which the Supreme Court has long interpreted to require parties to a case to have a direct interest in the outcome, rather than the "generalized interest" that the Department of Justice claims BLAG has in the defense of DOMA.
[21] On January 3, 2013, at the start of the 113th Congress, the House of Representatives included in its rules a provision authorizing BLAG to defend DOMA and related laws, mentioning the Windsor case by name.
"[26] Justice Scalia in his dissent, without addressing the immediate instance of BLAG's standing, wrote that Alito's theory would improperly elevate the role of the courts and substitute lawsuits initiated by Congress or the executive branch for the political process.