How To End DADT (A suggestion for Obama)

[ruggerson]

This is an intriguing idea, should a Republican filibuster prevail:

http://andrewsullivan.theatlantic.com/the_daily_dish/2010/11/how-to-end-dadt.html

Jason Mazzone sees a path forward should Obama have the courage to take it. What the President should say to Congress:

The Department of Justice will continue its current efforts in court to defend DADT from constitutional challenge only if doing so reflects the will of Congress. DOJ attorneys have filed with the Ninth Circuit a notice of appeal from the district court’s judgment. According to the schedule the Ninth Circuit has set, the government’s appellate brief is due on January 24, 2011. The DOJ will file a brief and continue with the appeal if prior to January 24, 2011, Congress affirms in a concurrent resolution that it supports the continued defense of DADT in court.

If neither the 111th nor 112th Congress adopts a concurrent resolution to this effect prior to January 24, 2011, on that date the DOJ will withdraw its appeal and the district court’s injunction will take permanent effect.

[bluestateguy]

1. This is what I think will happen

If the DADT repeal fails in the Senate (more likely than not), then I see Obama drafting an executive order that will go as far as the law allows him to go, and will effectively make the DADT policy unenforceable and virtually impotent. Although DADT will still be the law on the books, just an unenforceable one, that's all.

[ruggerson]

3. Agreed that he has to write an EO

even with legislative repeal, because the non-discrimination language was stripped out of the original bill during the June "compromise."

But, even if repail fails, and Obama takes the "Truman Option" he still would have to drop the appeal of the Riverside Log Cabin case, because how could he draft an EO on the one hand telling the military to stop enforcing DADT and at the same time pursue an appeal of DADT in court on the other?

[Peregrine]

2. As Commander and Chief

Obama should order the JCS, Service Secretaries, and commanders to stop enforcing DADT and implement the necessary training to ensure the integration of gay soldiers and sailors.