Last night Anderson Cooper spoke with friends of the Blend Lt. Dan Choi & Alexander Nicholson of Servicemembers United about the developments on the DADT front, including Dan’s re-enlistment. They did a fantastic job. Jeffrey Toobin, CNN’s legal analyst, is also on hand.
And in the latest news (CNN):
Obama requests emergency stay of ‘don’t ask, don’t tell’ orderFinding itself in a strange legal position, the Obama administration filed an emergency request Wednesday with the 9th Circuit Court of Appeals to stop the military from allowing openly gay troops from serving.
In effect, the administration wants to continue barring gays from the military even though it ultimately favors repealing the policy known as “don’t ask, don’t tell.”
“They are in a very bizarre position, frankly of their own making,” said CNN senior legal analyst Jeffrey Toobin.In court documents filed in San Francisco, California, the administration argued that don’t ask, don’t tell should remain intact for now.
The administration argued that changing it abruptly “risks causing significant immediate harm to the military and its efforts to be prepared to implement an orderly repeal of the statute.”
…The Log Cabin Republicans, plaintiffs in the case that Phillips ruled on, said Wednesday that the group remained fully committed to defending this worldwide injunction because it is what is best for all service members.
“It respects their fundamental constitutional rights,” said Christian Berle, deputy executive director of the group. “We’ll continue to defend this ruling all the way to the United States Supreme Court if necessary.”
In related news, Rep. Barney Frank issued this statement about DADT:
Two things that were always true about “Don’t Ask, Don’t Tell” have become even more important. First, President Obama made a mistake in appealing the decision of Judge Phillips, ruling it unconstitutional. While presidents do have the obligation to defend even laws they dislike, “Don’t Ask, Don’t Tell” has already been repudiated as bad policy by the President himself, by a decisive majority of the House and by a Senate majority just short of the votes necessary to break a filibuster. But the continued uncertainty about the injunction, the appeal of the injunction, and the appeal itself underline the need for the Senate to act in November to complete the repeal process. The President must use every available tool he has to press the Senate to do this.Additionally, if a solid Republican block – against all logic — successfully filibusters repeal, the President should reconsider the decision to appeal and should also state clearly that any member of the military who acts in accord with the injunction against “Don’t Ask, Don’t Tell” will remain protected against any disciplinary action in the future. While the President does not have the authority unilaterally to repeal a statute, he clearly has the discretion to order that no subsequent retroactive application of the policy be imposed.
If the President takes a strong lead in getting the Senate to pass the bill repealing “Don’t Ask, Don’t Tell,” he will be able to take great pride in having helped abolish this egregious policy of discrimination.




9 Comments


As noted in an earlier thread…
It’s very sad to see Servicemembers United join SLDN in their SINGLE message: “Hide, Bambi, Hide!” Why aren’t they recruiting more soldiers to fight bigotry in the sunlight?
Thank Goddess Rosa Parks and Bayard Rustin and Martin Luther King, Jr. and Coretta King and John Lewis and those who sat in at lunch counters and myriad others places and the children and teenagers who had to walk through gauntlets…… of verbal and physical abuse just to enter their newly-integrated schools with spit on their faces and clothes but pride and courage in their hearts were not in those days’ black civil rights movement equivalent of SLDN and Servicemembers United – the NAACP which was only willing to confront bigotry in court.
YES, OF COURSE, it’s important to make clear to active duty gays that coming out now could end their careers. I have always respected those 99.99999% who have never chosen to, among whom I count some close friends. But in SLDN’s and SU’s warnings, where is the accompanying:
No one willing to stand up should do it without getting legal counsel first, and being able to accept that his/her discharge might be inevitable.
But to see spokesmen for the two largest groups supposedly fighting to end the ban effectively say, “Stay at the back of the bus,” is sad. Very, very sad.
Jeffery Toobin’s segment was awesomeI loved that he flat out said Obama did not have to appeal. this “he has to!” nonsense is everywhere, and the prefered talking point of Obamabots and apologists.
But Toobin gave me chills. There’s a very real possibility of a very ugly endgame: Congress may be unable to pass repeal and a Court, at Obama’s provocation, may overturn Judge Fields and affirming the policy is Constitutional. And DADT will continue indefinitely. And Obama will say, “Well, I tried…”
Think about the fact that Obama may force the SCOTUS to affirm that, yes, LGBT discrimination is Constitutional.
We will be able to thank the Fierce Farce Advocate for delivering unnecessarily to our community Hardwick v. Bowers: The Sequel.
In other words, a crippling blow, perhaps for decades to our quest to end LGBT discrimination.
PRIVATE DAN CHOI.I agree with Michael Bedwell. I feel the same way that he does about the Farce Advocate. I do not doubt that the Obama scenario is a delay of this for years. He insists that a lame duck or GOP Senate must alter the law, while he hides behind the LIE of needing to appeal DOMA or DADT.
Now, this president, a one termer hopefully, will see WEST POINT graduates return to service as enlisted men. I will NEVER AGAIN cast a vote for Barack Obama. NEVER.
I don’t believe anyone has suggested this….
That the ODOJ tell the court they ACCEPT her ruling that the ban is unconstitutional, that they have no intention of appealing that, but simply ask for, say, a six month stay of having to end discharges in the same way any number of defendants in any number of scenarios ask and get more time to execute a ruling. That was the period the murdered-by-President Gates Military Readiness Enhancement Act would have allowed.
The naked hypocrisy is that they’re claiming to merely want to continue discharges indefinitely against some pie-in-the-sky legislative resolution, with no alternative if it fails [nor promise to actually end discharges if it passes].
What bothered me about Toobin’s otherwise excellent points is that he’s another in MSM and gay media who simply parrot the Obama Mafia’s claimed good intentions when the facts show that the accurate translation is: we don’t want to end discharges at all…or want to be left alone to create some form of gay segregation in the military.
As for the fear of SCOTUS ruling the ban unconstitutional, there comes a time when one must take the chance…just as in the Prop 8 suit. Besides, just because the Supremes might rule that DADT is constitutional would not be accompanied by a court order TO discharge anyone; it would not preclude this or a future Congress repealing it.
Do you genuinely believe it will be decades before we have a Congress willing to do that? If you do, then we might all just give up and accept all forms of our second class citizenship now and forever.
It’s not really that I’m afraid of the SCOTUSand don’t think we should go for broke if we must.
My greater point, is Obama is FORCING us to take it to the SCOTUS, when letting the district ruling stand would be the same as being affirmed at the SCOTUS.
Easy for us to say this Michael… Even with risks…I actually thought some would have come out. No matter what SLDN has said… but we aren't in their shoes to decide. I think all of Obama's VERY VERY FALSE to date promises to do away with DADT by the end of 2010! Yes that is what he has been saying, has them at least holding on until then. So Jan. 1, 2011… Start getting prepared guys.. get in touch with Out Serve or Knights Out and SLDN and get ready!
PS. Ummm no, blue is not your color Pam.
We need heroes now more than then….
The courts DO respond to public sentiment, and a parallel failure of SLDN and SU is that they’ve failed to engage the NONgay public which is done the easiest by “role models” such as Dan. That others previously discharged or retired like Autumn joined him was valuable, too, but not as valuable as being able to say, “I’m one of those gays who is serving now beside your sons and daughters.”
The government, by definition, brings a HUGE image to the courts. Are we to be content with their imagining that the victims of the governments actions are only already discharged Alex and Margaret Witt, and Dan and Victor on TV?
I believe I’ve mentioned it before, but it bears repeating. According to Victor Fehrenbach, the Air Force actually postponed his discharge hearing to see if 1. Obama would be elected, and, then, 2., waited for him to keep his promise to end the ban.
But the Air Force “got it” by April of last year that they couldn’t wait on their Commander-in-Chief any longer and held his hearing. That the Army waited more than a year after Dan outed himself to act on his discharge recommendation, and the AF the same period until they were apparently close to act on Victor’s discharge could, in part, be attributed to the continuing expectation that Obama was going to ACT to save them among all gay servicemembers subject to discharge [tho I think the greater reason was wanting to avoid looking like villains].
3-JUDGE 9TH CIRCUIT PANEL HAS GRANTED A STAY ON BAN ON DISCHARGES UNTIL AT LEAST MONDAY….