Former Clinton Solicitor General Walter Dellinger was on Rachel Maddow tonight, and he proposed that the Obama administration continue to appeal DADT, but that in their appeal they make clear that they believe the law is unconstitutional and they think the court should strike it down – i.e., they should not defend the law in their appeal. The same logic could just as easily apply to the administration’s defense of DOMA on appeal.
I’m not convinced that the administration has to appeal at all, but even if they think they do, they most certainly don’t have to defend the law in their appeal. Yet that’s what they’re currently doing, defending DADT and DOMA, and it needs to stop.
Here’s Rachel and Dellinger.