The Department of Justice has kindly asked the judge overseeing Log Cabin Republicans vs. the United States of America, the federal lawsuit challenging the constitutionality of Don’t Ask Don’t Tell, to halt proceedings because Congress is already working on a repeal. Sorry, no.
“Defendants urge this Court … to stay all further proceedings in this case because the political branches have taken concrete steps to facilitate repeal of the DADT statute,” DoJ writes in a brief. “In light of these developments, principles of constitutional avoidance and respect for the co-equal branches of government militate in favor of a stay of proceedings pending completion of the process already undertaken by the political branches. Indeed, this is particularly true where, as here, a plaintiff brings a facial constitutional challenge. Accordingly, the Court should await the outcome of the process in which the political branches are now engaged before deciding the constitutional question presented.”
What is it “they” say? Fool us once, shame on us; fool us twice, we’re coming for you motherfuckers?
The Obama administration’s attorneys have already whipped out all the stalling tactics in the book. This is just another one. And its entire premise is flawed: While Congress may be “working” on repealing the law, there is no guarantee it will actually happen. Such are the pitfalls of democracy!
How about we take this to the next level?
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Meanwhile, gay soldiers remain open to discharge under DADT, and a court ruling could, effectively, put an end to that — while lawmakers’ solution looks like it won’t be going down for another year or so, thanks to the compromise everyone has agreed to, and nothing there is capital-c Certain.
The unconstitutional law remains the law of the land. Until that is any different, the lawsuit seeking to kill it should proceed.
D'oh, The Magnificent
Good analysis. A lot of people either don’t understand or pretend not to understand the issues involved. But your analysis overall is spot on.
Michael @ LeonardMatlovich.com
“Brought to You by the Same People We Are Told to Shut Up About, Keep Sending Money to, Vote for, and Trust that the Amendment They Demanded Be Gutted of Any Guarantee of an End to Discharges Will Actually End Discharges.”
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AndrewW
The Repeal of DADT is still a long shot, especially considering the Republicans have rounded up 41 votes and they plan to filibuster the phony “Compromise-Repeal.”
Keep the legal challenges alive.
jason
I would love for a journalist to ask Obama and the Democrats one simple question:
“Mr President, what will you do if the DADT review concludes that repealing DADT is not in the best interests of the military?”
I would just love for someone to ask him.
The simple fact is that Obama and his Democrat cronies have never really wanted to repeal DADT. This phony and biased review – and the House vote last month – is simply a political ploy designed to shut us up in the lead-up to the Congressional elections.
Steve
The case could become moot if the statute that prohibits gay people from serving in the military is actually repealed. But, until then, the case is not moot. A court would be wrong to reject a case as moot before it is actually moot, just on the possibility that it might become moot at some point in the future. Every case might become moot at some point in the future.
Brutus
@D’oh, The Magnificent: Is that a joke? There’s no analysis in this post.
Brutus
@jason: Oh, really? That’s a fact? But I thought you just said you wished someone would ask the President a question that indicates we don’t really know what the facts are.
Brutus
Say what you want, but no reasonable court will touch this right now.