About god damn time. The DoJ has 60 days to appeal, but I hope it won't happen.
Judge Orders Injunction on ‘Don’t Ask, Don’t Tell’
- Thread starter AshburnerX
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Chibibar
Me too, but you know Congress is going to try to sit on this and wait AFTER November election (risky but within 60 days)
I hope the judgment stands.
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Chibibar
The thing is that no Congress would touch it before November election cause it will be used as ammo to NOT get re-elected. The Republican wants to "win" controlling seats to "fight" against Obama. If Republican congress acts now, they may lose the election. It is a risky gamble.
I'm pretty sure Congress can't overturn a Judaical Injunction. I think the only options the Government currently has is to appeal the decision, in which case Congress would only be able to do something about it if the Injunction was removed.
In reality there is nothing to court can do to stop the Congress. The pres and the congress does what the court says out of politeness/law.
Andrew Jackson:
* John Marshall has made his decision, now let him enforce it!
o As quoted in The American Conflict (1865) by Horace Greely, as a reaction to the Supreme Court ruling in Worcester v. Georgia (1832)
In reality there is nothing to court can do to stop the Congress. The pres and the congress does what the court says out of politeness/law.[/QUOTE]
Congress could potentially pass a new law/policy, but it can't overturn a judicial ruling because they don't have the ability to interpret laws, only make them. It's the big check the Judicial Branch has on the Legislative: The Legislature can make laws, but the Judiciary can declare said laws unconstitutional or illegal. In other words, the only thing Congress could ACTUALLY do about this is approve a new version of the existing policy, but nothing would stop another Federal Judge from striking it down on the same grounds if presented compelling evidence.
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Iaculus
Man, if this pans out, it's going to be a serious coup for the Log Cabin Republicans.
They will appeal. They would look stupid if, after all these court battles, they said, "Huh, I guess you're right. We'll stop here." This is merely another part of the process. At minimum they will argue to remove the stay, indicating that such an abrupt change would be detrimental to operations, and further indicating that the upcoming report, due on December 1st, will give them a good direction to go in as they dismantle the policy.
Neither side will stop until the supreme court rules on it.
It comes at a really bad time for democrats, though, especially those that publicly say one thing, but don't act on it when on capital hill.
We probably won't see any movement on this until after the elections in any case. NO ONE wants to touch something like this right now and it's going to take a few days/weeks for the Republicans to get a good feel on any Tea Partiers who manage to get elected.
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Chibibar
We have seen how fast Congress move on things :roll eyes:
It looks like the Pentagon may actually have accepted the ruling. The Pentagon has told recruiters they can accept openly gay recruits. Wish the article was more than a snippit though.
Right Dei, the Justice Department will not let this decision be final in a lower court. It will have to be dragged to the highest court in the land. Also the DoD will need to have some lead in time to have policies in place to integrate the gays into the service. i.e. Have some protections for the troops as they "come out" and educate the other soldiers to do as they are told, and respect the rights of gay troops.
Ok, so I was wrong... they WERE dumb enough to set the appeal in motion before the elections. I'm willing to bet this may result in the Democrats losing a few more seats than they would have.
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Chibibar
Wow. I was wrong too. It seems that the republican are going to use this as a tool against the democrats
Well, the pentagon called everyone's bluff since they didn't file an appeal within a few days. "Oh, well the court says so, so we're going to follow the new ruling."
Funny thing is that this was started by the log cabin group - republicans who want to get rid of DADT. So this helps their cause in two ways - they get a possible way to remove DADT more quickly than the president would like, and they push against the democratic party.
Unfortunately it's a polarizing issue, a double edged sword to some degree.
The real question is: will this come before the supreme court this session, or next session, and how will that play out when the 2012 elections hit and people might have supreme court nominees on their mind when choosing the next president. Especially given how poorly Obama is doing in the polls lately. I wonder if he's going to throw congressional democrats under the bus this election just to get this issue out of the way so it's not an issue when re-election comes around.
I still can't believe that democrats held the house, senate, and executive office for the last 2.5 years and accomplished so very few of their goals at all, nevermind accomplished almost none of them to the degree they wanted. Absolutely ridiculous.
Funny thing is that this was started by the log cabin group - republicans who want to get rid of DADT. So this helps their cause in two ways - they get a possible way to remove DADT more quickly than the president would like, and they push against the democratic party.
Unfortunately it's a polarizing issue, a double edged sword to some degree.
The real question is: will this come before the supreme court this session, or next session, and how will that play out when the 2012 elections hit and people might have supreme court nominees on their mind when choosing the next president. Especially given how poorly Obama is doing in the polls lately. I wonder if he's going to throw congressional democrats under the bus this election just to get this issue out of the way so it's not an issue when re-election comes around.
I still can't believe that democrats held the house, senate, and executive office for the last 2.5 years and accomplished so very few of their goals at all, nevermind accomplished almost none of them to the degree they wanted. Absolutely ridiculous.
That's what happens when a party doesn't have a unified agenda that everyone can get behind... or when members believe their domestic matters are more important than national ones and hold things up to get pork. It happens on both sides of the isle.
Actually this has been one of the Busiest Congresses on record.
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Chibibar
I am sad 
the Supreme Court ruled to put the hold on the injunction
High court allows gay military ban for now - Yahoo! News
I can see that the Supreme Court don't want to touch this cause it will cause a "blacklash" on all the state laws prohibit gays' right. I don't agree with the Supreme Court ruling, but I hope Congress will do the right thing (I can dream can I?)
the Supreme Court ruled to put the hold on the injunction High court allows gay military ban for now - Yahoo! News
I can see that the Supreme Court don't want to touch this cause it will cause a "blacklash" on all the state laws prohibit gays' right. I don't agree with the Supreme Court ruling, but I hope Congress will do the right thing (I can dream can I?)
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