Federal judge issues worldwide injunction against "Don't Ask, Don't Tell"

[WilliamPitt]

http://www.boston.com/news/nation/articles/2010/10/12/judge_orders_dont_ask_dont_tell_injunction/?p1=News_links

A federal judge issued a worldwide injunction Tuesday immediately stopping enforcement of the military's "don't ask, don't tell" policy, suspending the 17-year-old ban on openly gay U.S. troops.

U.S. District Judge Virginia Phillips' landmark ruling also ordered the government to suspend and discontinue all pending discharge proceedings and investigations under the policy.

U.S. Department of Justice attorneys have 60 days to appeal. Pentagon and Department of Justice officials said they are reviewing the case and had no immediate comment.

The injunction goes into effect immediately, said Dan Woods, the attorney who represented the Log Cabin Republicans, the gay rights group that filed the lawsuit in 2004 to stop the ban's enforcement.

"Don't ask, don't tell, as of today at least, is done, and the government is going to have to do something now to resurrect it," Woods said. "This is an extremely significant, historic decision. Once and for all, this failed policy is stopped. Fortunately now we hope all Americans who wish to serve their country can."

Legal experts say the Obama administration is under no legal obligation to appeal and could let Phillips' ruling stand.

...more...

[xchrom]

1. Recommend

[terrya]

2. Recommend. Highly recommend.

And fuck it...I'm going to thank the Log Cabin Republicans for filing this lawsuit.

[peacebird]

3. o.m.g!!! It's about aTIME!!! enthusiastically K&R!!!

[joeybee12]

4. Thanks...and can you highlight the last sentence of what you posted...right before the "more"?

[msanthrope]

7. Duty to Defend--Office of Legal Counsel

The Department of Justice has a duty to defend the constitutionality of an Act of Congress whenever a reasonable argument can be made in its support, even if the Attorney General concludes that the argument may ultimately be unsuccessful in the courts. The Attorney General’s Duty to Defend the Constitutionality of Statutes, 5 Op. Off. Legal Counsel 25(1981).

[joeybee12]

8. PFFFFFFFFFFFFFFFFFTTTTTTT!

Like all legal jargon, it's open to interpretation..."reasonable" So, bigotry is reaonable in your opionion. Nice!

[msanthrope]

9. Not bigotry--the admin will appeal the associational standing issue, since

it affects more than DADT.

That is not only reasonable, but what I would expect from any admin--since standing rules encumber all litigation.

[joeybee12]

12. Reasonably consitutional

where is discrimination constiutional...the statue you quote is very DISCRETIONARY...it's not NO MATTER WHAT AND IN EVERY CASE...you and others seem to think the DOJ has no option,. yeah, they do, and any reasonable, non-homophobic person would say, ok, we won't appeal.

[BzaDem]

10. The question is not what's reasonable in an objective sense -- it is whether or not it is reasonable

UNDER EXISTING PRECEDENT.

The existing precedent could be completely wrong, repugnant, etc. But that doesn't make it not existing precedent.

[msanthrope]

11. Exactly--and here, I think Phillips screwed the pooch on associational

standing....

I expect an emergency stay.

[joeybee12]

13. Ah, so you're changing your tune, eh...

you and others were cheering on that THEY HAVE NO CHOICE.

This is vey discretionary, and you know it.

And no, under precenedt any decent lawyer could make a case that it isn't constiutional...plenty of precendt since this case has NEVER gotten to the SCOTUS.

Face it, Obama and Holder are cowardly bigots.

[joeybee12]

14. Ah, so you're changing your tune, eh...

you and others were cheering on that THEY HAVE NO CHOICE.

This is vey discretionary, and you know it.

And no, under precenedt any decent lawyer could make a case that it isn't constiutional...plenty of precendt since this case has NEVER gotten to the SCOTUS.

Face it, Obama and Holder are cowardly bigots.

[RKP5637]

5. Recommend!!! n/t

[girl_interrupted]

6. K&R Thank you, Mr Pitt for the information

and a special thanks to U.S. District Judge Virginia Phillips!

That last line before the link you posted, will hopefully be the best news of all:

"Legal experts say the Obama administration is under no legal obligation to appeal and could let Phillips' ruling stand."

[intaglio]

15. With luck this decission will stand n/t