Oct 12 2010

Another Opportunity for FAIL

BREAKING: Federal judge orders Obama admin. to stop DADT discharges immediately. Will Obama comply, or side with the bigots?

Posted by John Aravosis (DC) at 10/12/2010 02:49:00 PM

The President, who is himself a constitutional scholar, has been handed the golden opportunity to end DADT once and for all. A federal judge has now ruled that the gay ban is unconstitutional, and he has ordered the federal government to stop the discharges immediately. The President now has the power – given to him by a federal judge – to do the right thing, to do what he promised, to side with the civil rights community. All he has to do is not appeal, and DADT is over.

It’s a no-brainer. Even for this administration that is loathe to do anything bold, loathe to be seen as responsible for anything even slightly “controversial.” Well, now they have their out. It’s the judge’s fault. President Obama can simply choose not to appeal the case, to respect the judge’s decision, and DADT is over. It’s history.

Or the President can direct his Department of Justice to oppose the judge’s order, to appeal the case, and to defend DADT – to defend bigotry, to go down in history on the same side as those who chose to defend discrimination against another class of Americans earlier in the 20th century. It’s no longer up to Congress, it’s not longer “out of the President’s hands.”  It’s in Barack Obama’s hands. Will America’s first African-American president side with the bigots, or will he side with civil rights.  Will he act boldly, or will he choose the way of the coward?

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    • on 10/12/2010 at 21:31
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    Get your Ice Cream.  Get your Tutsi-Fruitsi Ice Cream.

    • on 10/12/2010 at 21:54
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    Judge tells Government pound sand. LOL

    From Politico

    Judge bans ‘don’t ask’ policy worldwide

    The Justice Department had urged Phillips, who sits in Riverside, Calif., to limit any relief in the case to the Log Cabin group or to the named plaintiffs, but the judge rebuffed that request. Her order applies to all U.S. military operations across the globe.

    The White House had no immediate reaction to the order, which took effect at the time it was issued. If the Justice Department continues its present stance of defending the “don’t ask” statute despite President Barack Obama’s call for its repeal, an appeal is likely. That is sure to provoke an angry response from gay activists and others pressing for an end to the policy.

    “The president will continue to work as hard as he can to change the law that he believes is fundamentally unfair,” Gibbs said, while reserving comment on the injunction.

    • on 10/12/2010 at 21:56
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    From the Advocate here is the full text:


    TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

    This action was tried by Judge Virginia A. Phillips without a jury on July

    13-16 and 20-23, 2010.  The Court filed a Memorandum Opinion on

    September 9, 2010 (Doc. 232), and an Amended & Final Memorandum

    Opinion, and Findings of Fact and Conclusions of Law, on October 8, 2010.

    For all the reasons set forth therein, the Court:

    (1) DECLARES that the act known as “Don’t Ask, Don’t Tell” infringes

    the fundamental rights of United States servicemembers and prospective

    servicemembers and violates (a) the substantive due process rights

    guaranteed under the Fifth Amendment to the United States Constitution, and

    (b) the rights to freedom of speech and to petition the Government for redress

    of grievances guaranteed by the First Amendment to the United States

    Constitution.

    (2) PERMANENTLY ENJOINS Defendants United States of America

    and the Secretary of Defense, their agents, servants, officers, employees,

    and attorneys, and all persons acting in participation or concert with them or

    under their direction or command, from enforcing or applying the “Don’t Ask,

    Don’t Tell” Act and implementing regulations, against any person under their

    jurisdiction or command;

    (3) ORDERS Defendants United States of America and the Secretary of

    Defense immediately to suspend and discontinue any investigation, or

    discharge, separation, or other proceeding, that may have been commenced

    under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. § 654 or its

    implementing regulations, on or prior to the date of this Judgment.

    (4) GRANTS Plaintiff Log Cabin Republicans’ request to apply for

    attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §

    2412; and

    (5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion

    for costs of suit, to the extent allowed by law.  

    • on 10/13/2010 at 03:41
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    appeals this to the 9th Circuit, the 9th Circuit affirms the decsion, and the Supreme Court 5-4 rules to keep DADT in place (Scalia, Alito, Robert, Thomas and Kennedy).

    Where the fork is the Obama ball point, indelible Executive Order pen or pencil?  He could issue an executive order saying the same thing as the injunction and end all of the bs.  Will he do it?  I doubt it.  I certainly didn’t vote for this.  If riding in the caboose is called leadership, this administration excels.  If leadership is about getting out front on stuff, this gets a D+.  

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