Govt. Seeks to Suspend DADT Lawsuit Appeal

[davidinalameda]

In light of congressional repeal of “don’t ask, don’t tell,” signed into law by President Barack Obama last week, the Justice Department is now seeking to suspend its appeal in the Log Cabin Republicans’ longstanding federal lawsuit against the policy.

In a late Wednesday filing to the U.S. court of appeals for the ninth circuit, Justice Department attorneys wrote that the “orderly” terms of repealing DADT as set forth by the law will likely obviate the government’s appeal in the case.

But Log Cabin Republicans executive director R. Clarke Cooper called the motion a stall tactic that would delay the government’s opening brief in the appeal due January 24. “The DOJ can hardly argue now that ‘don’t ask, don’t tell’ is constitutional,” Cooper told The Advocate. “The government is trying to avoid an embarrassing situation, and it ignores the fact that the military remains free to discharge personnel.”

Dan Woods, lead attorney for the Log Cabin Republicans, told The Advocate following the repeal bill signing ceremony last week that he would not agree to suspend the suit, given that “don’t ask, don’t tell” technically remains in effect. “nless the government agrees not to discharge any more service members, our lawsuit is alive and kicking," Woods said.

http://www.advocate.com/News/Daily_News/2010/12/30/Govt_Seeks_to_Suspend_Appeal_in_DADT_Lawsuit/

[Name removed]

1. Deleted message

Message removed by moderator. Click here to review the message board rules.

[wolfgirl]

2. BEFORE the repeal of DADT -

the Justice Dept (Obama Admin) were obligated by law to appeal rulings that ran contrary to the law.
Now that it has been repealed, that obligation is moot.

Not apologist BS, just the facts


Have a great day!

[no limit]

3. Huh? DADT is still in effect.

It really sounds like you as well as others just make this shit up as you go along. Oh, Obama did this...shit, I need to now come up with a new excuse. Which I admit, you are pretty good at. Even if the excuse you use is completely false.

[plantwomyn]

8. Just the facts...

There was a very interesting forum on C-Span yesterday
http://www.c-spanvideo.org/pro...
at about 1:31 they talk about DADT and DOMA. POTUS and his DOJ need not "defend" DADT or DOMA. They say POTUS and the DOJ can tell the SCOTUS that they are appealing BUT they believe that DOMA is unconstitutional and offer an Amicus curiae attorney to argue for DOMA while the DOJ argues it's unconstitutionality.

So if our POTUS is so freeking smart, why didn't he think of this?

WARNING John Yoo is on this forum and he lies at least twice that I know for a fact.

[TheWraith]

9. So, talking heads know better than actual career experts.

So from that principle, we can extrapolate that the people spending their time yakking on CNN and Fox Noise should be running the country because they know better than Obama does.

Or maybe, just maybe, it's not as simple as making a flashy statement to get some good TV exposure. :sarcasm:

[plantwomyn]

11. What part of C-Span do you not understand?

http://www.c-spanvideo.org/program/Presidentsandthe

The forum was held on Nov. 18, 2010 and the panel consisted of

Walter Dellinger - Former Solicitor General - Clinton Administration
Kathleen Sullivan - Stanford Law
David Cole - Georgetown Law
Ken Star - Pres. Baylor University
John Yoo - current war criminal

While I have nothing but bile for John Yoo, you must admit that even he is looked at as an "actual career expert." All of the others, yes even Ken Star are EXPERTS in constitutional law!
Don't take my word for it, maybe, just maybe if you watch the freaking video you may agree that this forum was NOT about flashy statements.

Again WARNING! John Yoo lies and is totally full of shit but the others have poignant statements.
The fact that the "actual career experts" in the Obama Administration have failed to prosecute Bush Administration war crimes, continued to defend DADT and DOMA and continue to violate the constitution by pursuing the "war on terror" with the "Patriot Act" proves to me that they do not "interpret" the constitution the way I do.
Still Guantanamo is open, still our DOJ claims "States secrets" to refuse to disclose evidence in courts, still our government is wiretapping us without warrants, still POTUS holds to the belief that he has the power to indefinitely imprison citizens. These are the actions of your "experts" support.

[Unvanguard]

5. They're not abandoning their appeal.

They're asking the court to suspend the process until repeal implementation is complete, which would moot the case. If the court doesn't, they'll still presumably resist judicial intervention in the implementation process.

[no limit]

6. Thanks for the explaination. Couldn't they have done that before?

[Unvanguard]

7. No, because they couldn't guarantee that Congress would act.

If Congress hadn't, the case would have had to continue.

[msongs]

4. repeal is passed but not yet enforced nt

[TheWraith]

10. It's de facto enforced, but not de jure.

Officially, the policy is not over and legally will not be for months. In point of fact, there have been no discharges since October, and it's quite likely there won't be any more. But the DOJ works based on laws, not facts, hence the request to hold the case in abeyance until it becomes moot.