Immediate don’t ask, don’t tell injunction

The courts have traditionally been the place where the immorality of bigoted Americans has gone to die. Today is no different.

A federal judge issued a worldwide injunction Tuesday immediately stopping enforcement of the military’s “don’t ask, don’t tell” policy, suspending the 17-year-old ban on openly gay U.S. troops.

U.S. District Judge Virginia Phillips’ landmark ruling also ordered the government to suspend and discontinue all pending discharge proceedings and investigations under the policy.

The Obama Administration is under no obligation to challenge this. It’s unclear what this administration will do, especially this close to midterm elections, but I feel decent about the right decision being made. A challenge to this ruling would be a slap in the face to all the gay people who serve the United States in uniform, not to mention a weakening of our military. There’s no rational justification in DADT and it needs to stop.

4 Responses

  1. We’ll see. I expect they will appeal until congress takes action or the supreme court rules or declines to hear the case.

  2. Obama could have stopped this DADT long ago with a simple “Presidential signing statement”. Bush used a gob of these to run roughshod over the Constitution, so maybe Obama could do the same?

    Need a bit of humor to offset the toxicity of US politics?

    First Step to Recovery

    Enjoy.

  3. Yes, why do we need a Constitution at all? Comrade Obama is held back by it.

  4. You were confident of the right decision being made. It has been. The administration has asked for the injunction to be stayed pending appeal.

    Philosophical differences aside this is the correct choice. Congress makes laws. The Executive branch enforces and defends them. The Judiciary reviews them (upon the application of a party with standing) on the basis of the constitution.

    There is no legal requirement that they appeal but the role of the executive branch is not to decide whether or not a federal law is valid.

    The ruling will most certainly either be stayed by this judge or by the appeals court until they make a ruling.

    Remember that the Department of Defense will be presenting their analysis of the effect of lifting the ban in December. Following that there may be evidence that this could have a detrimental effect on readiness, that it would improve readiness or anything in between.

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