DOJ likely to challende the DADT repeal!

[hendo]

This hot on the heals of the DOJ challenging the repeal of DOMA

http://www.msnbc.msn.com/id/39637073/ns/us_news-life/?gt1=43001

"The president has taken a very consistent position here, and that is: 'Look, I will not use my discretion in any way that will step on Congress' ability to be the sole decider about this policy here,' " said Diane H. Mazur, legal co-director of the Palm Center, a think tank at the University of California at Santa Barbara that supports a repeal.

Government attorneys had warned Phillips that such an abrupt change might harm military operations in a time of war. They had asked Phillips to limit her ruling to the 19,000 members of the Log Cabin Republicans, which includes current and former military service members.

The Department of Justice attorneys also said Congress should decide the issue — not her court.

.....

If Democrats lose seats in the upcoming elections, repealing the ban could prove even more difficult — if not impossible — next year.

[Unvanguard]

1. There has been no repeal. They are near-certain to challenge the ruling invalidating it.

Especially because the judge issued a general injunction that goes into immediate effect; she gave them no wiggle room (not unreasonably so.) They cannot just leave this to the side until after it's clear whether or not the Senate will proceed with repeal, which was probably their hope.

[RandomThoughts]

2. "Her Court?"

Attempt to divide.

There is only one court.

[NightWatcher]

3. did I miss something, nowhere does it say appeal likely?

[Bluenorthwest]

4. Of course they will. It is easy to see the thinking of the admin

by reading the posts of the OFA ardents. Yesterday they were calling Dan Savage a criminal with a shady past and bringing up vile organizations in an attmept to slander Savage and any GLBT person who dared speak like a citizen. The wail and hurl invective, just like McClurkin and Caldwell and Kaine. Opposed to equality is just that. Favoring discrimination is just that.
They will fight it tooth and nail, because of who they are. We know this. Old news that they are hung up and neurotic. Small minded Rick Warren types. Backward, resentful, and out to take revenge for what their daddies did upon any of 'them' they can find.
They call us 'those people' 'the regular crowd' 'the usual suspects'. They use the word suspects, criminals, shady, all the same old slanders the heterosexual community has always favored. And it clearly speaks the Obama position, as those who do this claim they are THE supporters of the President, owning the message and the dynamic. It is what it is. Anyone with eyes can read and see what it is.

[joeybee12]

5. In other words, I'm afraid the teabaggers will yell at me! n/t

[hendo]

6. FYI, seems I was right after all

http://www.advocate.com/News/Daily_News/2010/10/14/Govt_to_Appeal_DADT_Injunction/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+AdvocatecomDailyNews+%28Advocate.com+Daily+News%29&utm_content=Google+Reader

[Skidmore]

7. This statute will either be changed through it being repealed by

Congress or adjudication through the court system, which may require it to go all the way to the SC. Either way it will require some action. Now if you want the quicker route through outright repeal, pressure your congressmen and senators. Otherwise, it will work its way through the court system until it becomes settled law.