September 22, 2010

Can The White House Still Win After the Senate's DADT Fail? Yes: Don't Appeal

 

With yesterday's Republican upset of Democrats tacitly trying to repeal Don't Ask Don't Tell, The Gays are trying to figure out what their next steps are to keep gays from being kicked out of the line of fire. ZOMG WHAT TO DO.
On Friday, U.S. District Judge Ronald B. Leighton will rule on whether former Maj. Margaret Witt was unlawfully discharged — and the Justice Department will have to decide whether to appeal the ruling if they lose, which Leighton hinted they very well might. (Interestingly, Leighton is the same judge who, in 2006, rejected Witt's claims, but was forced to take her case when overruled by an appeals court.)
But DoJ already has a DADT ruling its sitting on: September's declaration, in Log Cabin Republicans v. United States that the law violates constitutional rights. And so mounts the pressure, from the media and the House gays pleading with the White House not to appeal.
Which would be a nice little door prize, wouldn't it? A way for the White House to take its failure on legislatively repealing the law and letting a judge's decision to stand. Of course that will mean folks like Tony Perkins can continue waving his finger at "liberal activist judges," and lawmakers shirk their duties to uphold the Constitution, but I think everyone might be at the point where they don't care about the how, only the when.


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