ABC NEWS: Right now, DADT is dead

[ruggerson]

The administration has filed for a stay, but until Judge Phillips grants it, the Pentagon is officially halting any discharges.

They are obeying the Court order.

So, for a few hours, or a few days, we have achieved equal status in the military.

And Judge Virginia Phillips will go down in the history books as a change agent of monumental import.

Thank you, your Honor.

http://abcnews.go.com/Politics/dont-pentagon-halts-enforcement-justice-department-appeals-stay/story?id=11870635

[ClarkUSA]

1. And when Congress repeals DADT because of President Obama's efforts, that'll be a permanent CHANGE.

[Barack_America]

8. President Obama's efforts? Such as his current efforts to appeal the ruling?

[ClarkUSA]

11. Really? So President Obama works for the Justice Department, too? Wow.

:sarcasm:

[nadinbrzezinski]

16. Correct me but DOJ is part of the executive

And POTUS leads it?

Or did I got my civics wrong...

Jesus this is like basic and shtuff...

[ClarkUSA]

26. The Justice Dep't.'s orderly defenses of laws passed by Congress is constitutionally sound.

That's not my opinion, that's a "basic" fact that any good "civics" class teaches.

[nadinbrzezinski]

28. And the executive can chose not to file

A challenge. Most of the time they do, but it is their choice, or the President could ask Holder not to. It's happened, albeit rarely, in the past. Politically this is an easy out.

[ClarkUSA]

29. This is not about "an easy out". Walter Dellinger on the Rachel Maddow Show is making this case.

Dellinger was Clinton's Acting Solicitor General. He's saying that it's wrong to allow a single district judge to overturn a law passed by Congress. He gave an example of a future Republican president finding one district judge to rule against HCR and deciding not to appeal. He also said that President Obama has done alot to move the repeal of DADT forward by making the military get on board, which is a big deal. Dellinger said that ultimately, Congress really needs to repeal DADT but that President Obama is doing a "delicate" dance to set the stage for that to happen.

[rhett o rick]

36. The pres is doing a "delicate dance", and people's careers are being destroyed.

He could stop all prosecution, but he chooses not to. Delicate dance my ass.

[rhett o rick]

35. LOL you logic needs help. Yes the DOJ can choose to defend laws passed by Congress but they dont

have to. Especially if it appears that the FUCKING LAW IS UN-FUCKING CONSTITUTIONAL. Why doesnt the Pres do some thing? Tell us why?

[rhett o rick]

33. That is no defense. That is no argument. That is no evidence. That's a question.

That's how Faux News works. Insinuation via question. What has the pres done to end DADT?

[Name removed]

13. Deleted message

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

[ClarkUSA]

27. Pres. Obama has nothing to do with DADT not being repealed. Blame GOP obstructionism.

[rhett o rick]

37. So you say he is a powerless president with no influence? He can stop prosecution today. nm

[nadinbrzezinski]

14. The Court already beat him to it

And if they were less stubborn...

[jgraz]

30. You do realize that refusal to appeal would have resulted in permanent change, don't you?

All they had to do was decline to appeal. The law is gone. Forever.

[rhett o rick]

40. He is in denial. Doesnt want to think that the Pres mite not want DADT repealed. nm

[rhett o rick]

32. The Pres has none absolutely nothing to end DADT. He could have stopped

prosecution on day one of his administration, but no, thousands have suffered. To date he has done nothing.

[Touchdown]

34. The word your looking for is Despite.

Just being helpful.

[sabrina 1]

41. Congress has already turned down that opportunity.

If it couldn't happen with a majority of Dems, it isn't going to happen with fewer Dems. Unless you have the same faith-based belief the president appears to have, in the inate goodness of Republicans which only needs to be given a chance to surface and which will occur only if we all continue to believe in it.

He can do it now, but he clearly doesn't view as all that important.

[KG]

2. and, for the first time, inaction on obamas part would actually be a good thing.

:eyes:

[ClarkUSA]

6. Blame GOP obstructionism. Pres. Obama has nothing to do with DADT not being repealed.

Quite the opposite.

[KG]

10. that's right. and all he has to do is continue to have nothing to do w/ DADT

by letting the court ruling stand.

[ruggerson]

12. Why did Gates send a letter to Congress asking them NOT to repeal it this year?

Ya think he was goin' rogue?

[rhett o rick]

38. But he has the power to stop prosecution. He is the CIC. But he hasnt. nm

[sabrina 1]

42. Wrong, he has the authority to

issue an EO, and would be on firm legal grounds to do so. There is simply no excuse anymore. That authority has been established and the public is behind it. The Republicans have nothing to do with this, they can be rolled over easily and legally.

[lamp_shade]

3. OH SHIT! I just hit unrec by mistake. So sorry.

[ruggerson]

4. that's all right we all know there are people here who are disappointed that the law is dead for now

[Name removed]

17. Deleted message

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

[LonePirate]

19. Obama may be President; but he certainly has not been a leader when it comes to repealing DADT

Then there is complete lack of leadership on repealing DOMA or passing ENDA. "Lacking" is a generous word to use to describe Obama's leadership on LGBT issues.

[ecstatic]

22. Are you suggesting that the same progress could have been made with McCain/Palin

in office? Since Obama has obviously done nothing in your eyes, correct?

[ruggerson]

24. Do you think Judge Phillips would have ruled differently?

[Bluebear]

31. Do you think Judge Phillips would have ruled differently?

[NoPasaran]

5. No biggie

I canceled out your unrec

[lamp_shade]

9. Thanks.

:hi:

[Tesha]

7. No worries; I compensated for that. (NT)

[rocktivity]

15. In other words, though it seems that what he's doing is counterproductive

would it be fair to say that Obama's strategy will make the difference between DADT being dead and being, shall we say, dead and gone?

:shrug:
rocktivity

[ruggerson]

18. If he didn't appeal it, it would be dead AND gone

there would be no one else with standing to appeal and no other court could take a new case, because the law would already be dead.

Only way it could rise again would be if COngress reinstated it.

[rocktivity]

20. Okay then. If DADT is dead and gone and Obama WANTS it dead and gone

and he has the power to stop the appeal -- WHY is he appealing?

:headbang:
rocktivity

[ruggerson]

23. You're not the only one who wants the answer to that question

Even the New York Times today called for him NOT to appeal it and let the law die.

[rhett o rick]

39. What strategy? People's careers have been ruined during his term. He can do something but hasnt.nm

[GodlessBiker]

21. Thank you, Judge Phillips. You produce change I can believe in.

[nadinbrzezinski]

25. Rachel will decode this as well

He should order DOJ not to file.

[Radical Activist]

43. It's like the end of a horror movie when you think they've killed the bad guy.

But then he opens his eyes and takes one more swing. DADT looks gone but we need to deal that final death blow to make sure.