You know, even though Don't ask Don't tell is a law that really doesn't mean the President has to enforce it. If the President were to enforce every law on the books most of the Bush Administration would be in jail right now, but at his discretion they walk free today. In light of that who is to say he has no choice in the matter of DADT?
And until that ruling is overturned, which court case this administration is under no obligation to pursue, there is no law that needs to not be enforced.
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