Appeal Yes or Appeal No

[Stinky The Clown]

http://latimesblogs.latimes.com/lanow/2010/09/federal-judge-declares-us-military-ban-on-openly-gay-service-members-unconstitutional-.html

The current hope for Gay Americans in the military is the recent ruling that DADT is unconstitutional. A remarkably simple course of action could lead to the end of the program:

Do Nothing.

Just don't appeal the ruling. Let it stand. Shitcan the policy. Move on.

Hence the title of this thread. What will the Obama administration do? How do you see this going down?

[TheWraith]

1. Law doesn't work that way.

For starters, the White House does not singlehandedly control the Department of Justice, which is an independent agency.

Second of all the DOJ is, for the umpteenth time, REQUIRED TO DEFEND FEDERAL LAW. Period.

Third, the same as with the DOMA case in Massachusetts, same as the Prop 8 case, the higher the court this goes to the better. That requires it to be appealed.

[depakid]

2. That's an incorrect statement

There is no duty to defend an unconstitutional law. Period.

[TheWraith]

7. The ultimate arbiter of constitutionality is the Supreme Court.

Until then, the DOJ defends established federal law, no matter if it's popular or not.

[mitchtv]

4. wrong from what I heard today, but

they will appeal, Politics is worth more than LGBT to this crowd

[TheWraith]

6. What you heard was in error. nt

[Nite Owl]

3. I'd love to think that they would

not appeal. According to Rachel they can ask for 60days to decide tomorrow, or not. So we will soon know what they will do. If they did not appeal then it would bypass Congress, maybe they would be happy with that, they wouldn't have to be on record.

I have no idea what they will decide. Been disappointed to often to have a lot of hope.

[Stinky The Clown]

5. There is said to be a letter circulating in Congress to pressure Obama to let it ride and not appeal

We'll see.

[TheWraith]

8. It's not Obama's decision. The Justice Department is an independent body.

And the only way they don't appeal it is if they're consolidating appeals with some other case.

[geek tragedy]

9. In order for it to have national effect, the decision needs to be

appealed. Otherwise, the decision controls only within that judge's district.