U.S. appeals 'Don't ask, don't tell' ruling

I don't get it, they were moving sooo slowly to cover their own asses and now when someone else does them the favor they appeal it? What a fucking joke.

 

I'm not understanding what are the "major problems" this could cause the military? Can someone honestly answer me that?

I mean, it seems to me, if the Obama administration is against this policy, why not just go with what this judge is ruling?

 

Technically, they have no choice but to appeal it. It is apart of the structure both of the court, and of the department of justice that they have to appeal decisions that directly change the law to ensure that any decision made is air-tight for changing the law. Thats how the system was set up. Not pleasent, and at times seems like a huge waste of tax payers money, but the department of justice has to appeal as a deferment to the military's desire to do a full study.

Frankly, I agree, that DADT should go quickly... but the founding fathers created the judicial system with the intention that it is a lengthy process, because justice is not served and preserved rashly.

 

TBH, If this doesnt work, I don't see why every single gay service member can't just come out. It would pretty muc diable the ban.

 

Sorry, but can someone please explain the current DADT situation in simple terms without legal terminology? I'm unfamiliar with the terms used in a lot of the news articles, eg. "seek a stay", "keep injunction"... but I'd like to know what's currently going on...

Many thanks..

 

The basic gist is this. A judge ruled DADT unconstitutional and repealed it. Now they are putting off enacting the repeal to deal with an appeal and supposedly to give the pentagon time to figure out what this will mean for the military as we know it.

I'm not really sure what anyone involved is thinking to be honest. All I know is that everyone is stalling this for as long as they possibly can.

 

A case involving DADT was brought to a civilian court (as opposed to a military court which has different ramifications). The judge ruled that DADT was unconstitutional and thus the military must stop following it immediatly (the injunction). The department of justice is appealing the ruling to a higher court and is asking that the original judge's ruling not be enforced until the higher court makes a ruling (the stay).

So at the moment DADT is illegal.

If the stay is given, DADT is legal and it's fate is determined by the higher court's ruling.

 

Rules or not, law or not, I'm just annoyed. Can't they just fucking stop?!

 

I'm confused. The Obama administration said multiple times they want to repeal Don't Ask, Don't Tell. But when it is finally ruled unconstitutional by a court, they appeal (meaning they want to reverse the decision) the court's decision. So they've been lying and they don't want to repeal it? What?

I am no longer an Obama supporter

 

because you dont get how the system works... no offence.

the Department of Justice is required to appeal any court case that challanges the constitutionality of a federal law. It is a matter of technicality because they have to ensure that the final ruling is airtight... seems silly, because why dont they just be more focused in the original case, since a appeal of a clearly discriminatory law will cost money we could use elsewhere.

Before anyone brings prop 8 up, that was a state, not federal law, and so it isnt federal DOJ jurisdiction.

basically, the department of justice appealed it because they are constitutionally bound to. It is sadly just how the system is suposed to work.

the obama adminsitration does want DADT repealed, but he wants it repealed by congress because of the fact that it cant be trust to be repealed if/when it gets to the supreme court, which still has a generally conservative leaning (though Justice kennedy is a swing vote on gay issues at times).

If congress repeals it before it makes it all the way to the supreme court, then the court's conservative makeup will not matter.

it puts the executive branch is a bad position, because republicans have blocked repeal time and time again, and they are bound by constitutional requirement to appeal the court decision.

Blaming obama for the republicans actions against DADT and the system he did not create is like blaming J.R.R. Tolken for Vampires sparkling in twilgiht.

 

Thanks for the explanation, friends.