Additional filing from the DOJ to the 9th Circuit Court (re: DADT)

[Tx4obama]

SNIP

Another filing explaining why the Justice Department is not defending the constitutionality of "don't ask," but has not filed the formal report to Congress required when Justice declines to defend a statute is posted here: http://www.politico.com/static/PPM191_110714_brief.html


Note: The text above is from article at
http://www.politico.com/blogs/joshgerstein/0711/Obama_administration_asks_court_to_lift_ban_on_dont_ask_dont_tell.html

[MNBrewer]

1. however,

"there is no reasonable likelihood, much less a virtual certainty, that 10 U.S.C. § 654 will be reenacted after repeal becomes effective."

Some of us aren't so sure about that, and want the dual track judicial review process to continue.

[Tx4obama]

2. New update on the DU LBN link below

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4922660

[dsc]

3. there is a major problem though

that filing is a lie. I have found four such cases reported in the Advocate, not one.

http://www.advocate.com/News/Daily_News/2011/06/27/Air_Force_Confirms_New_Round_of_Discharges_Under_Dont_Ask_Dont_Tell/

[treestar]

4. I thought it had been repealed

so I don't get why the courts are dealing with it now.

[ruggerson]

5. The repeal bill stipulates that repeal only goes into effect

after a review and then certification by the Secretary of Defense, military chiefs and the President.

That hasn't occurred yet, hence the enjoining of enforcement of discharges by the Federal Courts.

Judge Phillips sweeping ruling in Oct., 2010, declaring DADT unconstitutional, predates the legislative repeal which occurred in December.

If we want a stronger hurdle against a future CIC or Congress tryinig to resurrect the ban, we should be in favor of both the judicial and congressional double track approach. Have Judge Phillips ruling formally upheld by the 9th circuit and proceed with military certification in accordance with the repeal legislation.

[davidpdx]

6. But but Obama is evil....

Why should facts matter. :sarcasm:

[Number23]

7. I've been hearing that the DOJ has "repealed" the repeal

This Reuters article states that it was a federal appeals court that reinstated DADT. http://www.reuters.com/article/2011/07/16/us-military-gays-idUSTRE76F14Z20110716

But the article also states that a) the repeal is temporary and b) even during this temporary repeal, all four branches of military have been blocked "from investigating, penalizing or discharging anyone from the military pursuant to the Don't Ask, Don't Tell policy." So from the looks of it, not one person will be discharged or even investigated under this temporary reinstatement.

So while it is discouraging that DADT has been temporarily reinstated, it's still a good idea to get a complete picture of what's going on with as little hyperbole and personal biases as possible.