DADT Conflict Explained: Why Obama Administration Lawyers Fight For A DADT Policy Obama Opposes

[Tx4obama]

WASHINGTON — President Barack Obama opposes the Pentagon's "don't ask, don't tell" policy on gays in the military, so why are Obama administration lawyers in court fighting to save it?

The answer is one that perhaps only a lawyer could love: There is a long tradition that the Justice Department defends laws adopted by Congress and signed by a president, regardless of whether the president in office likes them.

This practice cuts across party lines. And it has caused serious heartburn for more than one attorney general.

The tradition flows directly from the president's constitutional duty to take care that the laws are faithfully executed, says Paul Clement, who served four years in President George W. Bush's administration as solicitor general, the executive branch's top lawyer at the Supreme Court.

Rest of article here: http://www.huffingtonpost.com/2010/10/21/dadt-conflict-explained-w_n_771035.html

[Warren Stupidity]

1. Ah todays explanation for gay apartheid regurgitated endlessly.

Thanks for sharing this yet again.

[Hell Hath No Fury]

2. I am dizzy with all the spinning!

:crazy:

[The Philosopher]

3. Sigh

Where is Jean-Luc's face palm when you need it?

[zipplewrath]

4. 8th time

How many times in one day are we going to post this?

[Nite Owl]

5. I can't buy this as an argument

from the article posted:

On rare occasions, Justice officials conclude there is no reasonable argument that can be made in defense of a federal law.

Clement recalled two instances during his tenure. One posed free speech problems, because it sought to prevent recipients of federal transportation money from running ads favoring legalization of some drugs. The other was an obscure 1800s statute dealing with licensing of salvage operations.


The President has already said that he feels the DATD is unconstitutional so there would be little reason here to defend this.
The more sensible reason is a fear that the appeals could go to the SCOTUS and then we stand a chance of losing. If the DOJ doesn't appeal though would it have to stop there, with this court? I don't know, maybe someone does.
Congress can still do something, even it is a sense of Congress kind of thing if they want to when they return after the election. I have little faith in the Senate to get anything done.