While the Obama administration has come under fire by conservatives for its February decision to no longer defend DOMA in federal court, Clement during his SG tenure himself declined to defend a federal law -- one prohibiting mass transit agencies that receive federal funds from permitting ads on buses and subways supporting medical marijuana in 2004, according to the Human Rights Campaign.

Clement is also working with attorney David Boies, Olson's co-lead counsel in the Prop. 8 case, on an unrelated matter concerning the NFL's labor dispute, which has caused a lockout of players in the league. A Boies spokeswoman did not respond to requests for comment.