Strengthening Constitutional Self-Government

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Military

Go Ahead and Ask

From WaPo:

A federal judge has issued a nationwide injunction stopping enforcement of the "don't ask, don't tell" policy, ending the military's 17-year-old ban on openly gay troops.

[The] landmark ruling Tuesday was widely cheered by gay rights organizations that credited her with getting accomplished what President Obama and Washington politics could not.

U.S. Department of Justice attorneys have 60 days to appeal. Legal experts say they are under no legal obligation to do so and they could let Phillips' ruling stand. 

While Obama has stated his desire for Congress to decide the matter, I assume this is one of those occasions in which the administration is very content to have a court overturn its own policy. Yet I doubt this mode of victory will inspire gays to rally behind the Democrats, whereas social conservatives are far more likely to find anti-Democratic motivation in the ruling.

Some assumed the Dems would repeal DADT in the post-November lame duck session. Should this ruling prevent such a vote and then be overruled after the GOP assume control of the House, the ruling would have the ironic effect of cementing DADT in law for the foreseeable future.

Categories > Military

Discussions - 3 Comments

I need a point of clarification -- as Commander in Chief, does Obama have the authority to overturn DADT with a stroke of his executive pen?

Justin wrote: While Obama has stated his desire for Congress to decide the matter

That implies Obama is seeking political cover. Hence my question.

From the AP: "Legal experts say the Obama administration could choose to not appeal her ruling to end the ban." So much for the "he's obligated to defend the law" bullshit. The only way he can possibly explain appealing this ruling is that he actually WANTS DADT to remain in effect, which is basically what we've been saying for months despite Obama, and Biden, and HRC's lies to the contrary.

It is mind-blowing how little the bureaucrats who are trying to implement this against the advice of the military understand what they're doing. This would be a massive blow against one of the most reliable and leavening institutions in our Republic.

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