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emergency stays

Ninth Circuit Brings DADT Back to Life! Sort Of

So some annoying news for paperwork foes: The Ninth Circuit Court of Appeals — the same place that granted a stay in Judge Vaughn Walker’s ruling killing Prop 8 — has granted DoJ’s request for an emergency stay of Judge Virginia Phillips’ ruling DADT is unconstitutional, which means Phillips’ decision is on hold only until the Ninth Circuit can decide whether it wants to issue another stay while it hears the appeal. Confusing! Hope you didn’t celebrate early by coming out.

    • reason

      Everyone knew this was coming, repeal will only be granted by the U.S. Congress or the U.S. Supreme Court.

      Oct 20, 2010 at 11:25 pm · @ReplyReply to this comment ·
    • Michael

      This is exactly why the administration needs to keep appealing until the Supreme Court irreversibly repeals it (or Congress acts). The law could be repealed now, and then under the next Republican administration, could be challenged.

      This is the same way our country integrated public schools and achieved civil rights for African-Americans.

      Oct 20, 2010 at 11:26 pm · @ReplyReply to this comment ·
    • Kev C

      The DoD and DoJ would rather spend their energy fighting gay americans than fighting enemies and criminals. Obama FAIL.

      Oct 20, 2010 at 11:26 pm · @ReplyReply to this comment ·
    • the crustybastard

      I’m pretty sure I’ve had about all the fierce advocacy I can take.

      Not only is this b.s. unethical, it doesn’t make any political sense right before the midterm elections. Repeatedly going to the mat to keep the gay ban in place won’t make anybody decide to vote Democrat, but it will make a bunch of people decide not to vote for any more bait-and-switch Democrats.

      Democrats don’t win by sufficient margins to have the luxury of telling their remaining constituencies to go fuck themselves anymore.

      This appeal is unnecessary, tonedeaf, and counterproductive.

      Oct 20, 2010 at 11:43 pm · @ReplyReply to this comment ·
    • GetEqualNow

      Please join getEqual at a big protest tomorrow at the Ninth Circuit Court. These judges can’t tell us what to do. We need to embarrass them the way we did Obama and they will reverse their Order.

      Robin is going to give a speech about using anger and abuse to beat your opponents. She is going to dress up like a Judge and make a few rulings. Count this lesbian in. Robin knows how to treat people and most politicians fear her. Judges are next. Get em babe!

      Oct 20, 2010 at 11:49 pm · @ReplyReply to this comment ·
    • You Must Demand Stuff

      It’s time for another hunger strike Dan Choi.

      Don’t you dare judge me. I demand respect and I think it’s time to fire these judges and give more money to activists like Choi and the people at getEquality. We will never get anything until enough people know we will hurt them. Did you hear that Judges? We’re coming for you next.

      Oct 20, 2010 at 11:54 pm · @ReplyReply to this comment ·
    • Michael

      @You Must Demand Stuff: I’m not really judging you right now. I’m just saying that you’re insane and nothing you just said makes sense.

      Oct 21, 2010 at 12:35 am · @ReplyReply to this comment ·
    • Sacramento

      Obama FAIL. He just lost my next vote, I’m off to the Green party.

      Oct 21, 2010 at 1:02 am · @ReplyReply to this comment ·
    • FYI

      By the way, The Department of Justice decided recently not to appeal a Federal Court ruling brought by the anti-gay Alliance Fund that would allow them unfettered, permit-less, religious mob gatherings and the “right” to proselytize and harass tourists in our national parks. Got it! The Department of Justice decided NOT TO APPEAL a federal law passed by Congress.

      What’s this? Weren’t we were all lead to believe (falsely) that it was DoJ’s obligation to defend all laws passed by Congress.

      …Hmmmmmmm. Were we lied to again?

      This recent federal court ruling the Obama’s goons at the DoJ DECLINED TO APPEAL because letting religious fanatics harass tourists in national parks is more important than allowing Gays and Lesbian soldiers the dignity of being who they are while fighting and dying for their ungrateful and undeserving country:

      ….From The Washington Post:

      “The changes will “generate confusion and possibly more litigation,” said Jeff Ruch, executive director of Public Employees for Environmental Responsibility. Many parks do not have designated areas for public gatherings or do not clearly mark them, he said.”


      Oct 21, 2010 at 1:13 am · @ReplyReply to this comment ·
    • Devon

      Obama failed, the congress failed, the Democrats have failed.

      I think I’ll write-in vote for Jason Voorhees this year. At least with him you know you’re gonna get stabbed in the back.

      Oct 21, 2010 at 1:32 am · @ReplyReply to this comment ·
    • Michael

      Here is The Huffington Post’s article published 20 minutes ago explaining the Department of Justice’s duty to defend laws passed by Congress:


      Oct 21, 2010 at 8:01 am · @ReplyReply to this comment ·
    • jason

      The Huffington Post is a crappy, pro-Obama website run by Democratic Party ass kissers. Avoid at all costs. Arianna Huffington can go fuck herself.

      Oct 21, 2010 at 8:09 am · @ReplyReply to this comment ·
    • Michael

      @jason: Yes, we should all go read FoxNews.com, The Drudge Report or GlennBeck.com.


      Oct 21, 2010 at 8:23 am · @ReplyReply to this comment ·
    • Michael

      @Sacramento: Let us know how that goes. Maybe you’ll break .0001% in 2012!

      Oct 21, 2010 at 8:24 am · @ReplyReply to this comment ·
    • Cam

      CNN is taking comments on this. The heading starts with “Valerie Jarret”

      Go to the bottom and “Add a Comment”


      They let her get away with saying that the DOJ HAS to defend the laws, apparently CNN isn’t aware of….

      Bush refused to defend ACLU et al., v. Norman Y. Mineta,
      Clinton refused to defend Dickerson v. United States.,
      George HW Bush refused to defend Metro Broadcasting v. Federal Communications Commission.,
      Ronald Reagan refused to defend INS v./ Chadha – “Chadha.,

      Additionally, all joined in lawsuits opposing federal laws that they didn’t like, laws that they felt were unconstitutional. It is an outright lie to suggest that the DOJ had no choice.

      Oct 21, 2010 at 8:40 am · @ReplyReply to this comment ·
    • Kieran

      Obama to the gay community: Drop Dead.

      Oct 21, 2010 at 9:06 am · @ReplyReply to this comment ·
    • DR

      Obama apologists need to stop reciting the incorrect mantra that “he has to defend” DADT. NO HE DOESN’T.

      Carter, Reagan, both Bushes AND Clinton all sat back and failed to file appeals in certain cases where they knew the appeal was counter to what their administrations stood for. Obama’s a freaking con law professor, he knows this.

      Oct 21, 2010 at 9:14 am · @ReplyReply to this comment ·
    • Tim W

      @Michael: Hmmmm maybe you might want to check out post 15 before you start spewing crap again. I swear the Obamabots will say anything.

      Oct 21, 2010 at 9:38 am · @ReplyReply to this comment ·
    • the crustybastard


      Yeah, but you must at least concede “the administration has a traditional obligation to defend all laws” is certainly more polite than, “STRAIGHT POWER! SUCK IT, FAGS.”

      Obama is a bigot. More polite than most.

      Oct 21, 2010 at 9:44 am · @ReplyReply to this comment ·
    • the crustybastard


      So Green Party votes don’t have any effect on elections?

      Is that what President Gore told you?

      Oct 21, 2010 at 9:49 am · @ReplyReply to this comment ·
    • Queer Supremacist


      Gay community to Obama: You first.

      Oct 21, 2010 at 12:02 pm · @ReplyReply to this comment ·
    • DR

      @the crustybastard:

      Heh, I almost wrote something like that in my original post, but decided to stick with an admittedly snarky recitation of the law.

      I don’t buy for a second that Obama is on our side (or anyone’s side) but his own.

      Hell, Ted Olsem just said the Obama administration needs to give it up, acknowledging that the administration is under no obligation to defend the law in court (and for those with short-term memory, this is the lead attorney in Perry v Schwarzenegger who also happens to be the former Solicitor General under GW Bush, so he knows of what he speaks).

      link for that: http://thinkprogress.org/2010/10/21/olson-injunction/

      Obama just doesn’t care about DADT, ENDA or anything else which would make him look like a real-live progressive President. Well, I’m siding with Dan Choi….since he doesn’t want to do his job, I’m not voting for him.

      Oct 21, 2010 at 12:26 pm · @ReplyReply to this comment ·
    • the crustybastard


      I had a strict rule about only voting for candidates who earned my vote. No default partisan voting. I broke that rule when I voted for Obama, who I knew to be a polite bigot, but only because I had grave concerns that John McCain was exhibiting signs of dementia — increased aggression, inability to focus, personality changes, irrational decision-making, etc.

      Neither man has proven me wrong.

      I believe that the political duopoly, for the foreseeable future, is very content to present me the same sort of choice: the polite bigot, or the delusional bigot.

      Likewise, I believe that self-styled liberals will continue to be content to insist that polite is vastly better than crazy, utterly ignoring that the bigotry is the same.

      Oct 21, 2010 at 12:52 pm · @ReplyReply to this comment ·
    • B

      “What’s this? Weren’t we were all lead to believe (falsely) that it was DoJ’s obligation to defend all laws passed by Congress.”

      They are supposed to defend all laws that are not obviously unconstitutional – i.e., all ones where there is a reasonable expectation of winning the case. I.e., if they had passed a law requiring everyone in the U.S. to worship Dagon, they DoJ doesn’t have to defend it – that it would be thrown out on first-amendment grounds is obvious.

      Not that worshiping Dagon might not be a lot of fun: check out http://sfopera.com/opera.asp?o=250&i=118 , start the video, and wait for the bacchanal at the end (with scantily-glad, male dancers gyrating in a pagan ritual).

      Oct 21, 2010 at 7:37 pm · @ReplyReply to this comment ·

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