I’m going to use a sports metaphor: The DADT ball is now in Barack Obama’s court. He promised to end the ban. So far, he’s failed. Moving forward, the President has to state that DADT is unconstitutional — and he needs to tell DOJ not to appeal the decision in the Log Cabin case. DADT is unconstitutional. Let it go. We’ve been saying that since the decision came down. Check out this statement from Richard Socarides.
Tomorrow, the DOJ will respond to the Log Cabin Republican’s proposed injunction, which can be viewed here. We’ll get a sense of DOJ’s strategy moving ahead from tomorrow’s filing. Will the Obama administration ask the judge to limit the scope of the decision so that it’s doesn’t cover the entire military? Will the DOJ ask for a stay?
I’m sure the usual apologists will start their usual screeching that Obama has to defend the law. That’s not true. Last week, Senators Udall and Gillibrand wrote to Attorney General Holder asking him not to appeal the LCR decision. (Their letter is below.)
A New York Times editorial today says the same thing:
If the military’s unjust policy is not repealed in the lame-duck session, there is another way out. The Obama administration can choose not to appeal Judge Phillips’s ruling that the policy is unconstitutional, and simply stop ejecting soldiers.
But that would simply enable lawmakers who want to shirk their responsibility. History will hold to account every member of Congress who refused to end this blatant injustice.
And, we need to see more of our allies writing letters to the Attorney General and the President telling them not to appeal.
Letter to Eric Holder on DADT Ruling http://d1.scribdassets.com/ScribdViewer.swf