Export thread

About god damn time. The DoJ has 60 days to appeal, but I hope it won't happen.

AshburnerX said:

About god damn time. The DoJ has 60 days to appeal, but I hope it won't happen.

Click to expand...

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.

The DoJ probably won't appeal, since they've been relatively sympathetic to that position in the first place. I agree with Chibi, it's Congress who is going to be the real hurdle.

SpecialKO said:

The DoJ probably won't appeal, since they've been relatively sympathetic to that position in the first place. I agree with Chibi, it's Congress who is going to be the real hurdle.

Click to expand...

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.

AshburnerX said:

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.

Click to expand...

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)

Hmmm...article says she's a District Court judge. Does she have the authority to issue such an injunction? Every little bit helps, obviously, but this may be a much smaller step than I originally thought...

sixpackshaker;444272][QUOTE=AshburnerX said:

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.

Click to expand...

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.

Man, if this pans out, it's going to be a serious coup for the Log Cabin Republicans.

AshburnerX said:

About god damn time. The DoJ has 60 days to appeal, but I hope it won't happen.

Click to expand...

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.

Well the election will be done well before the 60 day limit on appeals.

SpecialKO said:

Well the election will be done well before the 60 day limit on appeals.

Click to expand...

We have seen how fast Congress move on things :roll eyes:

I don't understand the the problem with "Don't Ask Don't Tell" - the Catholic Church has been using it for hundreds of years and it's never been a problem.

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.

It's starting to sound like this was a move that everyone wanted someone else to make first.

Jay said:

I don't understand the the problem with "Don't Ask Don't Tell" - the Catholic Church has been using it for hundreds of years and it's never been a problem.

Click to expand...

Yeah, but that was just for kiddie-fiddlers... not something as morale breaking as homosexuality...

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.

AshburnerX said:

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.

Click to expand...

Wow. I was wrong too. It seems that the republican are going to use this as a tool against the democrats

Appeals court delays injunction against 'don't ask, don't tell' - CNN.com

Washington (CNN) -- A federal appeals panel on Wednesday temporarily blocked a lower court ruling that halted enforcement of the "don't ask, don't tell" policy banning openly gay and lesbian soldiers from the military.

The ruling by a three-judge panel of the 9th Circuit Court of Appeals gave the government the delay it sought in challenging a federal judge's order last week to stop enforcing the policy around the world.

"The order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented," said the appellate panel's ruling, which gave parties in the case until October 25 to file further documents.

Click to expand...

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.

First Lady Puffinstuff said:

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.

Click to expand...

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.

I feel pretty bad for Obama/Dems over this, because while there is no way they can let a lower court make a decision like that, appealing the decision sends the wrong message with election time right around the corner.

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?)

Well, honestly it makes sense, because if DADT doesn't get removed on appeal, then what happens to all those openly gay people who are already in? Better to play it safe.