Ted Olson: ‘It Would Be Appropriate’ For Administration Not To Appeal DADT Injunction

Re: Ted Olson: ‘It Would Be Appropriate’ For Administration Not To Appeal DADT Injunc

As much as I dislike the appeal, I think they should and it's the right decision. It is not the role of the Executive branch of the government to decide what laws to follow only to make sure they are followed. It would be against that very principle to not appeal the law to the furthest extent and would set a very bad precedent for the President to decide when to appeal or not appeal any law that is overturned. While clearly this is a law that violates the Constitution, it is the Judicial branch that should make that determination and not the Executive branch which would be the effect of not pursing it as far as possible in the courts and merely stopping once a decision they agreed with was reached.

 

Re: Ted Olson: ‘It Would Be Appropriate’ For Administration Not To Appeal DADT Injunc

Given that the administration is slowly repealing this, but it's still the law of the land which they're meant to defend, I do think it's fair enough. They'll probably just mount a deliberately weak defence, simply presenting old case law and legislation, reading it out very dryly.