However, White concluded, if Golinski would file an amended complaint raising the constitutionality issue, he could get to the merits and acting as an Article III judge he would then have the authority to make a determination on the merits of Golinski's claim as to her wife's benefit entitlement and award appropriate relief. "Because the Court cannot find as a matter of law that amendment would be futile," he wrote, "the Court grants Plaintiff leave to amend to attempt to plead a claim that the Court may legitimately address." White gave Lambda until April 15 to get the amended complaint on file, and indicated that the government would then have 20 days to respond. The ball is back in Golinski's court, as White concluded that if an amendment is not filed by then, this case is over.

In light of White's comments, it appears that Golinski's amended complaint would receive prompt consideration and most likely a favorable disposition.