Last time around, Judge Virginia Phillips denied DoJ’s attempt to have the case dismissed. So DoJ has a new tactic: Demanding a summary judgment. And in doing so, language like this was part of its motion:
These rules are necessitated by, among other things, “[t]he worldwide deployment of United States military forces, the international responsibilities of the United States, and the potential for involvement of the armed forces in actual combat routinely [which] make it necessary for members of the armed forces involuntarily to accept living conditions and working conditions that are often spartan, primitive, and characterized by forced intimacy with little or no privacy.” Id. § 654(a)(12). Congress’s policy judgment culminated, as noted, in its finding that “[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.”
And, in the motion’s table of contents:
Remember: These lawyers aren’t acting without direction from the White House. The same White House that has stated publicly DADT is unconstitutional. And the same White House that could order DoJ to stand down.
Amusingly enough, the last motion arrived just as Obama was telling attendees of HRC’s gala that he was committed to a repeal. This motion arrives as Obama is telling the entire world.
UPDATE: HRC chief Joe Solmonese came up with a few words. Apparently he is upset? “We were proud when the President stood before the American people and declared in his State of the Union that it is time to repeal ‘Don’t Ask, Don’t Tell.’ If he’s going to uphold that commitment, however, he must ensure that his Administration doesn’t work against it. The time for repeal is this year, and the time for his leadership is now.” Heh. It’s like, when is it time for HRC’s leadership?
(Americablog has the full motion.)