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Zia McCorgi by Cooner

"Spill it, Short Legs!"

The Journal of Zia McCorgi

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The Legal Battle over DADT
okay dinner eaten I am fortified for this

Now then there is another side step to this legislative battle that has been going on since earlier this year when the house amended its National Defense Authorization Act for Fiscal Year 2011 (remember the House must originate all spending and budget bills the Senate is barred from that). which cloture was voted on today.

On September 10th 2010 Judge Virginia A. Phillips ruled DADT unconstitutional in a federal appeal case brought by the Log Cabin Republicans (a GLBT advocacy group in the Republican Party who endorsing Mitt Romney in 2008. GOProud another advocacy group has a much ballihood but little proven disagreement with them.). This is of course a huge deal in every respect. It could lead to a full repeal of the law through the appeals process. the Advocate did a nice basic article here: http://www.advocate.com/News/Daily_News/2010/09/09/Judge_Rules_DADT_Unconstitutional/

This could be the way to do it if the Senate can not get its act together and actually move to cloture. Yes it lacks the symmetry of using the same legal law to repeal the law as brought it into being but it would be an end. Would it work? Yes there is more then enough indication that a well argued process could bring this thing down. This isn't the first legal battle case but it has been the best put together. There are those who would prefer it came about differently I'm sure but I'm of the "take what you can get" stance.

That said I personally hope the Obama administration does try to appeal. As people know from previous discussions of other laws I sincerely hate when an Executive Branch decides which laws to enforce through the appeals process. Now while all laws have a certain wiggle room on enforcement but part of the job of the executive is enforcement. in fact it is a crucial issue that the executive branch take all laws to their natural conclusion in the appeals process. This includes this one. Now I don't know how they will try to appeal but I want them too. If I didn't it would be highly hypocritical of me. Besides that as of now the ruling only applies to California which is a very wobbly thing to have in the law. Does that mean military bases can't enforce DADT in California? What does that mean? What about inevitable transfers? This answers few questions a move up the appeals process would help remove some ambiguity.

So this route will take a while, at least another two years I'd guess.

As a minor note sorry for not talking about this sooner. Two weeks ago was a rather crazy time in my life as people will recall.

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Still my favourite commentary on gays in the military

My understanding was that when a judge finds an act of congress unconstitutional, it applies to the entire country.

Not necessarily. It can vary greatly depending on orders from the judge and other factors. This depends on a lot of variables in other words but usually the Federal Government appeals and we move on with our lives so it doesn't matter.

As I said though I just think the Obama administration should appeal on basic philosophical grounds.

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