| Author |
|
Tom French
Byrne Robotics Member
Joined: 07 January 2005
Location: United States
Posts: 4157
|
| Posted: 24 October 2010 at 3:50pm | IP Logged | 1
|
|
|
|
| Back to Top |
profile
| search
|
| |
Donald Miller
Byrne Robotics Member
Joined: 03 February 2005
Location: United States
Posts: 3597
|
| Posted: 25 October 2010 at 7:37am | IP Logged | 2
|
|
|
This will all ultimately be decided by the Courts...theirs are the final interpretations on constitutionality.
I don't trust Congress to do what is right...They spend too much of their time consumed with seeking power and money...(both parties).
I would love for a member of the military in one of our states that allow for same sex marriages to apply for benefits for their spouse. When questioned about his gay partner(or whatever wording) he should only reply that he is not saying he's gay, and they are not allowed to ask about it.
|
| Back to Top |
profile
| search
| www
e-mail
|
| |
Geoff Gibson
Byrne Robotics Member
Joined: 21 April 2004
Location: United States
Posts: 5744
|
| Posted: 25 October 2010 at 7:41am | IP Logged | 3
|
|
|
So Michael if Obama had not appealed the judges ruling, it would then be able to stand and not be turned over by another judge? Not Michael (and I'll defer to him) but the answer is, "Kinda, Sort of." It was decided by a trial court Judge so its precendental value on other Courts (including within its district) would be at most persuasive authority. However, by not appealing the Administration would signal it has no defense for the law which would add weight to "persuasiveness" of the trial court's holding. The Administration could also set policy that it will not contest lawsuits challenging the law. The excuse that it needs to be addressed by Congress is simply a punt, Jodi. Among the first acts as President that Obama performed was a repeal of restrictions on funding for abortions; this was done by executive order. He could have, by executive order, as commander anc chief, at the least, suspended Don't Ask, Don't Tell. And doing so would fully within his constitutionally defined powers.
|
| Back to Top |
profile
| search
e-mail
|
| |
Michael Penn
Byrne Robotics Member
Joined: 12 April 2006
Location: United States
Posts: 13169
|
| Posted: 25 October 2010 at 8:05am | IP Logged | 4
|
|
|
Just to clarify what Geoff said -- DADT itself is federal law beyond Obama's reach; but he as CIC he could instantly suspend discharges based on it. Whether doing so is prudent from the standpoint of preserving an ordered process in the military can be debated. But Obama could have long since given fair warning that he would, say in six months from a certain date, be suspending discharges and that the military should make all due preparations. So far, however, I agree with Geoff that Obama is punting.
|
| Back to Top |
profile
| search
|
| |
Tom French
Byrne Robotics Member
Joined: 07 January 2005
Location: United States
Posts: 4157
|
| Posted: 25 October 2010 at 12:02pm | IP Logged | 5
|
|
|
Once again, my brilliant friend David Mixner hits the nail on the head: At A Right-Wing Press Conference
|
| Back to Top |
profile
| search
|
| |
Geoff Gibson
Byrne Robotics Member
Joined: 21 April 2004
Location: United States
Posts: 5744
|
| Posted: 25 October 2010 at 1:14pm | IP Logged | 6
|
|
|
Who'd have thought teabagging could be a bad thing?
|
| Back to Top |
profile
| search
e-mail
|
| |
Jodi Moisan
Byrne Robotics Member
Joined: 19 February 2008
Location: United States
Posts: 6808
|
| Posted: 25 October 2010 at 1:40pm | IP Logged | 7
|
|
|
It's always depended on if the person showered or not. :0)
Edited by Jodi Moisan on 25 October 2010 at 1:45pm
|
| Back to Top |
profile
| search
| www
|
| |
Jodi Moisan
Byrne Robotics Member
Joined: 19 February 2008
Location: United States
Posts: 6808
|
| Posted: 25 October 2010 at 1:45pm | IP Logged | 8
|
|
|
Among the first acts as President that Obama performed was a repeal of restrictions on funding for abortions; this was done by executive order. He could have, by executive order, as commander anc chief, at the least, suspended Don't Ask, Don't Tell. And doing so would fully within his constitutionally defined powers.
Then it is this issue, that I will write to the white house and bitch.
Thanks for the answers guys.
|
| Back to Top |
profile
| search
| www
|
| |
Tom French
Byrne Robotics Member
Joined: 07 January 2005
Location: United States
Posts: 4157
|
| Posted: 26 October 2010 at 5:51am | IP Logged | 9
|
|
|
Here's a great article FIVE DURABLE MYTHS ABOUT DADT A bit dry, but worth reading -- especially the myth about the DOJ "having" to repeal.
|
| Back to Top |
profile
| search
|
| |
Michael Penn
Byrne Robotics Member
Joined: 12 April 2006
Location: United States
Posts: 13169
|
| Posted: 26 October 2010 at 7:06am | IP Logged | 10
|
|
|
Not dry at all! (But I'm a lawyer, so...)
One aspect of the controlling laws here that I've not had a chance to pin down precisely, but which continues to be somewhat unclear is whether the DOJ were required to appeal.
Your link, Tom, written by an appellate attorney, states that the appeal was purely discretionary. But in the NYTimes, Walter Dellinger, the former head of the Justice Department's Office of Legal Counsel (in the key years of 1993 to 1996), has written that "the administration is required to comply with the law and defend it in court, regardless of Mr. Obama’s personal views." Mr. Dellinger did not cite the law in support of this claim, however, and I have not found a law requiring the president to appeal the injunction. I would think Mr. Dellinger knows whereof he speaks, but without a proper citation I have thus far only found that he seems to be referring to an "obligation" (his word) for government to comply with the nation's laws.
Edited by Michael Penn on 26 October 2010 at 7:08am
|
| Back to Top |
profile
| search
|
| |
Tom French
Byrne Robotics Member
Joined: 07 January 2005
Location: United States
Posts: 4157
|
| Posted: 26 October 2010 at 9:48am | IP Logged | 11
|
|
|
Frustrating, isn't it? Regardless of the appeal, it's within his power to suspend DADT while this is going on.
|
| Back to Top |
profile
| search
|
| |
Jeremiah Avery
Byrne Robotics Member
Joined: 27 December 2008
Location: United States
Posts: 2427
|
| Posted: 01 November 2010 at 9:26pm | IP Logged | 12
|
|
|
"Don't Ask, Don't Tell" reinstated for now
|
| Back to Top |
profile
| search
|
| |
Topic Closed)
