Excellent post at Pam’s House Bend from FogCityJohn, who is “an appellate lawyer by profession.” He takes deconstructs and disproves five of the myths that we keep hearing about DADT repeal from the usual cast of apologists. It’s not as simple as they make it sound. Read the post. These five myths are debunked:
Myth No. 1: Since DADT is a law enacted by Congress, the president has no choice but to enforce it.
Myth No. 2: The president hasn’t suspended the discharges because he wants “durable” repeal, and the only way to achieve that is for Congress to pass the pending defense authorization bill.
Myth No. 3: The Department of Justice was required to appeal the judgment in the Log Cabin Republicans litigation.
Myth No. 4: DOJ is just appealing so that they can get a higher court to invalidate DADT and set a wider precedent.
Myth No. 5: DOJ’s appeal doesn’t matter, because a future administration could appeal later.
This is a really important post for anyone who is trying to sort this out. Very thorough. Well researched. Unapologetic.