‘Legal experts’ tell AP: Obama does not have to appeal DADT ruling

The future of DADT lies with President Obama. He didn’t lift a finger to help pass the Defense Authorization bill, which includes the convoluted DADT language. But, a judge has declared the law unconstitutional and ordered an immediate stop to the discharges.

We’ve been saying that Obama doesn’t have to fight this decision. His DOJ doesn’t have to seek a stay — and DOJ doesn’t have to appeal. For the past year, a wide array of apologists have challenged that view. Don’t just take our word for it — here are legal experts cited by AP:

Associated Press:

U.S. Department of Justice attorneys have 60 days to appeal. Legal experts say the department is under no legal obligation to do so and could let Phillips’ ruling stand.

A second AP story:

Legal experts say the Obama administration could choose to not appeal her ruling to end the ban — but Department of Justice attorneys are not likely to stay mum since Obama has made it clear he wants Congress to repeal the policy.

We’ll probably know later today if DOJ is seeking a stay pending appeal.

And, we’ll know soon if DOJ is appealing the Massachusetts DOMA case. That appeal is due today.

I’m sure DOJ’s so-called LGBT liaison, Matt Nosanchuk, is in there fighting for our equality. Ha.


On October 27, 2010, Joe was one of five bloggers who interviewed President Obama. Joe is a DC-based political consultant with over twenty-five years of experience at both the state and federal level. Joe has managed political operations and legislative efforts for both candidates and issues-based organizations. For seven years, he was the Director of State Legislation at Handgun Control, Inc. He served as that organization's first Political Director during the 2000 cycle. Joe is a graduate of the University of Maine School of Law. In addition, he has a Masters in Public Administration from Lehigh University and received his B.A. from the University of New Hampshire. Joe also has a fun dog, Petey, a worthy successor to Boomer, who got Joe through eight years of Bush and Cheney. Joe likes to think he is a world class athlete having finished the 2005 Chicago Marathon in the time of 4:10. He has completed six other marathons as well -- and is still determined to break the four hour mark.

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