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:
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.
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.